THE  UNIVERSITY 
OF  ILLINOIS 
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CONSTITUTION 


OF  THE 


tate  of  ©ooifiona 


ADOPTED  IN  CONVENTION 


AT  THE 


CITY  OF  NEW  ORLEANS 


'Thie  TTwent^^-TTlTird  Day  of 


A.  D.,  1879. 


BATON  KOUGE: 

THE  ADVOCATE,  OFFICIAL  JOUllNAL  OF  THE  STATE  OF  LOUISIANA, 

1894. 


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PEEAMBLE. 

We,  the  people  of  the  State  of  Louisiana,  in  order  to  estab- 
lish justice,  insure  domestic  tranquility,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
prosperity,  acknowledging  and  invoking  the  guidance  of  Al- 
mighty God,  the  author  of  all  good  government,  do  ordain  and 
establish  this  constitution. 

BILLS  OF  EIGHTS. 

Article  1.  All  government  of  right  originates  with  the 
people,  is  founded  on  their  will  alone,  and  is  instituted  solely  for 
the  good  of  ihe  whole,  deriving  its  just  powers  from  the  consent 
of  the  governed.  Its  only  legi  imate  end  is  to  protect  the  citi- 
zen in  the  enjoyment  of  life,  liberty  and  property.  When  it  as- 
sumes other  functions  it  is  usurpation  and  oppression. 

Art.  2.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects  against  unreasonaole  searches 
and  seizures  shall  not  be  violated,  and  no  warrant  shall  issue 
except  upon  probable  cause,  supported  by  oath  or  affirmation, 
and  particularly  describing  the  place  to  be  searched  aad  the 
person  or  things  to  be  seized. 

Art.  3.  A well  regulated  militia  being  necessary  to  the 
securitv’  of  a free  State,  tbe  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  abridged.  This  shall  not  prevent  the  passage 
of  laws  to  punish  those  who  carry  weapons  concealed. 

Art.  4.  ^o  laws  shall  be  passed  respecting  an  establish- 
ment of  religion  or  prohibiting  the  free  exercise  thereof,  or 
abridging  the  freedom  of  speech,  or  of  the  press,  or  the  right  of 
the  people  peaceably  to  assemble  and  petition  the  government 
for  a redress  of  grievances. 

Art.  o.  There  shall  be  neither  slavery  nor  involuntary  ser- 
vitude in  this  State  otherwise  than  for  the  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  convicted.  Prosecutions 


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CONSm  UTION  OF  THE  .STATE  OF  LOUISIANA. 


shall  be  by  mdictmt-nt  or  iuformation;  provided,  that  no  person 
shall  be  held  to  answer  for  a capital  crime  unless  on  a present- 
ment or  indictment  by  a grand  jury,  except  in  cases  arising  in 
the  militia  when  in  actual  service  in  time  of  war  or  public  dan- 
ger, nor  shall  any  person  be  twice  put  in  jeopardy  of  life  or 
liberty  for  the  same  offense,  except  on  his  own  application  for  a 
new  trial,  or  where  there  is  a mistrial,  or  a motion  in  arrest  of 
judgment  is  sustained. 

Art.  6.  No  person  shall  be  compelled  to  give  evidence 
against  himself  ill  a criminal  case  or  in  any  iiroceedings  that 
may  subject  him  to  criminal  prosecution,  except  where  otherwise 
provided  in  this  constitution,  nor  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law. 

Art.  7.  In  all  criminal  prosecutions  the  accused  shall  en- 
joy the  right  to  a speedy  public  trial  by  animjiartialjury,  except 
that,  in  cases  where  the  iienalty  is  not  necessarily  imprison- 
ment at  hard  labor  or  death,  the  General  Assembly  may  provide 
for  the  trial  thereof  by  a jury,  less  than  twelve  in  number;- 
provided,  that  the  accused  in  every  instance  shall  be  tried  in  the 
palish  wherein  the  offense  shall  have  been  committed,  except 
in  cases  of  change  of  venue. 

Art.  8.  In  all  criminal  prosecutions  the  accused  shall 
enjoy  the  right  to  be  informed  of  the  nature  and  cause  of  the 
accusatioD,  to  be  confronted  with  the  witnesses  against  him,  to 
have  compulsory  process  for  obtaining  witnesses  in  his  favor, 
and  to  defend  himself,  and  to  have  the  assistance  of  counsel  and 
to  have  the  right  to  challenge  jurors  peremptorily,  the  number 
of  challenges  to  be  fixed  by  statue. 

Art.  9.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  be  imposed,  nor  cruel  and  unusuai  punishments  inflicted. 
All  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offenses  where  the  proof  is  evident  or  the  presumption 
great;  or  unless  after  conviction  for  any  crime  or  offense  punish- 
able with  death  or  imprisonment  at  hard  labor. 

Art.  10.  The  privilege  of  the  w^it  of  habeas  corpus  shall 
not  be  suspended,  unless  when  in  case  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

Art.  11.  All  courts  shall  be  open,  and  every  person  for 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


5 


injury  done  liim  in  his  rights,  lands,  goods,  person  or  reputation 
shall  have  adequate  remedy  by  due  process  of  law  and  justice 
administered  without  denial  or  unreasonable  delay. 

Art.  12.  The  military  shall  be  in  subordination  to  the  civil 
power. 

Art.  13.  This  enumeration  of  rights  shall  not  be  construed 
to  deny  or  impair  other  rights  of  the  people  not  herein  expressed. 

DTSTEIBUTIOK  OF  FOWEES. 

Art.  14.  The  powers  of  the  government  of  the  State  of 
Louisiana  shall  be  divided  into  three  distinct  departments,  and 
each  of  them  be  confided  to  a separate  body  of  magistracy,  to- 
wit:  Those  which  are  legislative  to  one,  those  which  are  execu- 
tive to  another,  and  those  which  are  judicial  to  another. 

Art.  lo.  ^^o  one  of  these  departments,  nor  any  person  or 
collection  of  persons  holding  office  in  one  of  them,  shall  exercise 
power  properly  belonging  to  either  of  the  others,  except  in  the 
instances  hereinafter  exi^ressly  directed  or  permitted. 

APPORTIONMENT. 

Art.  16.  Eepresentation  in  the  House  of  Eepresentatives 
shall  be  equal  and  uniform,  and  shall  be  regulated  and  ascer- 
tained by  The  total  population.  Each  parish  shall  have  at  least 
one  Representative.  The  first  enumeration  to  be  made  by  the 
State  authorities  under  this  Constitution,  shall  be  made  in  the 
year  eighteen  hundred  and  ninety,  and  subsequent  enumerations 
shall  be  made  every  tenth  year  thereafter,  in  such  manner  as 
shall  be  prescribed  by  law,  for  the  purpose  of  ascertaining  the 
total  population  and  the  number  of  qualified  electors  in  each 
parish  and  election  district.  At  its  first  regular  session  after 
each  enumeration,  the  General  Assembly  shall  opportion  the 
representation  among  the  several  parishes  and  election  districts 
on  the  basis  of  the  total  population  as  aforesaid.  A representa- 
tive number  shall  be  fixed,  and  each  parish  and  election  district 
shall  have  as  many  Eepresentatives  as  the  aggregate  number  of 
its  population  will  entitle  it  to,  and  an  additional  Representa- 
tive for  any  fraction  exceeding  one-halt  the  representative  num- 


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CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


ber.  The  number  of  Eepresentatives  shall  not  be  more  than 
ninety-eight,  nor  less  than  seventy. 

Art.  17.  The  General  Assembly,  in  every  year  in  which 
they  shall  apportion  representation  in  the  House  of  Eepresenta- 
tives, shall  divide  the  State  into  senatorial  districts.  No  parish 
shall  be  divided  in  the  formation  of  a senatorial  district,  the 
parish  of  Orleans  excepted.  Whenever  a new  parish  shall  be 
created,  it  shall  be  attached  to  the  senatorial  district  from  which 
most  of  its  territory  was  taken,  or  to  another  contiguous  district^ 
at  the  discretion  of  the  General  Assembly,  but  shall  not  be  at- 
tached to  more  than  one  district.  The  number  of  Senators  shall 
not  be  more  than  thirty-six  nor  less  than  twenty-four,  and  they 
shall  he  apportioned  among  the  senatorial  districts  according 
to  the  total  population  contained  in  the  several  districts. 

Art.  18.  Until  an  enumeration  shall  be  made  in  accord- 
ance with  Articles  16  and  17,  the  State  shall  be  divided  into  the 
following  senatorial  districts,  with  the  number  of  Senators 
hereinafter  designated  to  each  district: 

The  First  Senatorial  District  shall  be  composed  of  the  eighth 
and  ninth  wards  of  Orleans,  and  of  the  x>arishes  of  St.  Bernard 
and  Plaquemines,  and  shall  elect  two  Senators. 

The  Second  Distr.ct  shall  be  composed  of  the  fourth,  fifth^ 
sixth  and  seventh  wards  of  Orleans,  and  shall  elect  two  Sen- 
ators. 

The  Third  District  shall  be  composed  of  the  third  ward  of 
Orleans,  and  shall  elect  one  Senator. 

The  Fourth  District  shall  be  composed  of  the  second  and 
fifteenth  wards  (Orleans,  right  bank)  of  Orleans,  and  shall  elect 
one  Senator. 

The  Fifth  District  shall  be  composed  of  the  first  and  tenth 
wards  of  Orleans,  and  shall  elect  one  Senator. 

The  Sixth  District  shall  be  composed  of  the  eleventh,^ 
twelfth,  thirteenth,  fourteenth,  sixteenth  and  seventeenth  wards 
of  Orleans,  and  shall  elect  two  Senators. 

The  Seventh  District  shall  be  composed  of  the  i)arishes  of 
Jefferson,  St.  Charles  and  St.  John  the  Baptist,  and  shall  elect 
one  Senator. 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


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The  Eighth  District  shall  be  composed  of  the  parishes  of 
St.  James  and  Ascension,  and  shall  elect  one  Senator. 

The  Ninth  District  shall  be  composed  of  the  parishes  of 
Terreborne,  Lafourche  and  Assumption,  and  shall  elect  two 
Senators. 

The  Tenth  District  shall  be  composed  of  the  parishes  of  St. 
Mary,  Vermilion,  Cameron  and  Calcasieu  and  shall  elect  two 
Senators. 

The  Eleventh  District  shall  be  composed  of  the  parishes  of 
St.  Martin,  Iberia  and  Lafayette,  and  shall  elect  one  Senator, 

The  Twelfth  District  shall  be  comi)osed  of  the  parishes  of 
St.  Landry,  and  shall  elect  two  Senators. 

The  Thirteenth  District  shall  be  composed  of  the  parishes 
of  Avoyelles  and  Pointe  Coupee,  and  shall  elect  one  Senator. 

The  Fourteenth  District  shall  be  composed  of  the  parishes 
of  Iberville  and  West  Baton  Kouge,  and  shall  elect  one  Senator. 

The  Fifteenth  District  shall  be  composed  of  the  parishes  of 
East  and  West  Feliciana,  and  shall  elect  one  Senator. 

The  Sixteenth  District  shall  be  composed  of  the  parish  of 
East  Baton  Bouge,  and  shall  elect  one  Senator. 

The  Seventeenth  District  shall  be  composed  of  the  parishes 
of  St.  Helena,  Livingston,  Tangipahoa,  Washington  and  St. 
Tammany,  and  shall  elect  one  Senator. 

The  Eighteenth  District  shall  be  composed  of  the  parishes 
of  Bapides  and  Vernon,  and  shall  elect  one  Senator. 

The  Nineteenth  District  shall  be  composed  of  the  parishes 
of  Natchitoches,  Sabine,  DeSoto  and  Bed  Biver,  and  shall  elect 
two  Senators. 

The  Twentieth  District  shall  be  composed  of  the  parish  of 
Caddo,  and  shall  elect  one  Senator. 

The  Twenty- First  District  shall  be  composed  of  the  parishes 
of  Bossier,  Webster,  Bienville  and  Claiborne,  and  fhall  elect  two 
Senators. 

The  Twenty-Second  District  shall  be  composed  of  the  par- 
ishes of  Union,  Morehouse,  Lincoln  and  West  Carroll,  and  shall 
elect  two  Senators. 

The  Twenty-Third  District  shall  be  composed  of  the  parishes 


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CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


of  Ouachita,  Kichland,  Caldwell,  Franklin  and  Jackson,  and 
shall  elect  two  Senators. 

The  Twenty-Fourth  District  shall  be  composed  of  the  par- 
ishes of  Catahoula,  Winn  and  Grant,  and  shall  elect  one  Senator. 

The  Twenly-Fifth  District  shall  be  composed  of  the  parishes 
of  East  Carroll  and  Madison,  and  shall  elect  one  Senator.  , 

The  Twenty-Sixth  District  shall  be  composed  of  the  parishes 
of  Tensas  and  Concordia,  and  shall  elect  one  Senator. 

Thirty-Six  (36)  Senators  in  all. 

And  the  Eepresentatives  shall  be  apportioned  among  the 
parishes  and  representative  districts  as  follows  : 

For  the  parish  of  Orleans — 

First  Eepresentative  District,  first  ward,  one  Eepresentative. 

Second  Eepresentative  District,  second  ward,  two  Eepre- 
sentatives. 

Third  Eepresentative  District,  third  ward,  three  Eepresen- 
tatives. 

Fourth  Eepresentative  District,  fourth  ward,  one  Eepre- 
sentative. 

Fifth  Eepresentative  District,  fifth  ward,  two  Eepresenta- 
tiveS. 

Sixth  Eepresentative  District,  sixth  ward,  one  Eepresen 
tative. 

Seventh  Eepresentative  District,  seventh  ward,  two  Eepre- 
sentatives. 

Eighth  Eepresentative  District,  eighth  ward,  one  Eepre- 
sentative. 

Ninth  Eepresentative  District,  ninth  ward,  two  Eepresen- 
tatives. 

Tenth  Eepresentative  District,  tenth  ward,  two  Eepresen- 
tatives. 

Eleventh  Eepresentative  District,  eleventh  ward,  two  Ee- 
presentatives. 

T)velfth  Eepresentative  District,  twelfth  ward,  one  Eepre- 
sentative. 

Thirteen  ch  Eepresentative  Ditrict,  thirteenth  and  fourteenth 
wards,  one  Eepresentive. 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


9 


Fourteeiitli  Eepreseutative  District,  sixteentli  and  seven- 
teenth wards,  one  Kepresentative. 

Fifteen!  h Kepresentative  District,  fifteenth  ward,  one  Ee- 
presentative. 

The  parishes  of  Ascension,  West  Baton  Eouge,  Bienville, 
Bossier,  Calcasieu,  Caldwell,  Cameron,  East  Carroll,  West  Car- 
roll,  Catahoula,  Concordia,  West  Feliciana,  Franklin,  Grant, 
Iberia,  Jackson,  Jefferson,  Lafayette,  Lincoln,  Livingston,  More- 
house, Ouachita,  Plaqnemiiie,  Poiiite  Coupee,  Ked  Eiver,  Eich- 
land,  8abine,  St.  Bernard,  St.  Charles,  St.  Helena,  t.  James, 
St.  John  the  Ba])tist,  St.  Martin,  St.  Tammany,  Tangipahoa, 
Union,  Vermilion,  Vernon,  Washington,  Webster  and  Winn, 
each  one  Eepresentative. 

The  parishes  of  Assumption,  Avoyelles,  East  Baton  Eouge, 
Caddo,  Claiborne,  DeSoto,  Fast  Feliciana,  Iberville,  Lafourche, 
Madison,  Natchitoches,  Eapides,  St.  Mary,  Tensas  and  Terre- 
bonne, each  two  Eepreseutatives. 

The  parish  of  St.  Landry  four  Eepreseutatives. 

This  apportionment  of  Senators  and  Eepresentative  shall 
not  be  changed  or  altered  in  any  manner  until  after  the  enumer- 
ation shall  have  been  taken  by  the  State  in  eighteen  hundred 
and  ninety,  in  accordance  with  the  provisions  of  articles  16 
and  17. 

GENEEAL  ASSEMBLY. 

Art.  19.  The  legislatiA^e  power  of  the  State  shall  be  vested 
in  a General  A ssembly,  which  shall  consist  of  a Senate  and 
House  of  Eepreseutatives. 

Art.  20.  The  style  of  the  laws  of  this  State  sh  dl  be:  ^‘Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Louisiana.” 

Art.  21.  The  General  Assembly  shall  meet  at  the  seat  of 
government  on  the  second  Monday  of  May,  1882,  at  12  o’clock 
noon,  and  fiennially  thereafter.  Its  first  session  under  this 
constitution  may  extend  to  period  ot  ninety  days,  but  any  sub- 
sequent session  shall  be  limited  to  a period  of  sixty  days.  Should 
a vacancy  occur  in  either  house,  the  Governor  shall  order  an 
election  to  fill  such  vacancy  for  the  remainder  of  the  term. 

Art.  22.  Every  elector  under  this  constitution  shall  be 


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CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


eligible  to  a seat  in  the  House  of  Eepresentatives,  and  every 
elector  who  has  reached  the  age  of  twenty-five  years  shall  be 
eligible  to  the  Senate;  provided,  that  no  person  shall  be  eligible 
to  the  General  Assembly  unless  at  the  time  of  his  election  he 
has  been  a citizen  of  the  State  for  five  years  and  an  actual  resi- 
denr  of  the  district  or  parish  irom  which  he  may  be  elected  for 
two  years  immediately  preceding  his  election.  The  seat  of  any 
member  who  may  change  his  residence  from  the  district  or 
parish  which  he  represents,  shall  thereby  be  vacated,  any  declar- 
ation of  a retention  of  domicile  to  the  contrary  notwithstanding; 
and  members  of  the  General  Assembly  shall  be  elected  for  a 
term  of  four  years. 

Art.  23.  Each  house  shall  judge  of  the  qualifications,  elec- 
tion and  returns  of  its  own  members,  choose  its  own  officers  (except 
President  of  the  Senate),  determine  the  rules  of  its  proceedings 
and  may  punish  its  members  for  disorderly  conduct  and  con- 
tempt, and,  with  the  concurrence  of  two-thirds  of  all  its  mem- 
bers elected,  expel  a member. 

Art.  24.  Either  house,  during  the  session,  may  punish  by 
imprisonment  any  person  not  a member,  who  shall  have  been 
guilty  of  disrespect  by  disorderly  or  contemptuous  behavior; 
but  such  imprisonment  shall  not  exceed  ten  days  for  each 
offense. 

Art.  25.  No  Senator  or  Kepresentative  shall,  during  the 
term  for  which  he  was  elected,  nor  for  one  year  thereafter,  be 
appointed  or  elected  to  any  civil  office  of  profit  under  this  State 
which  may  have  been  created,  or  the  emoluments  of  which  may 
have  been  increased  by  the  General  Assembly  during  the  time 
such  Senator  or  Representative  was  a member  thereof. 

Art.  26.  The  members  of  the  General  Assembly  shall  in 
all  cases,  except  treason,  felony  and  breach  of  the  peace,  be 
privileged  from  arrest  during  their  attendance  at  the  session  of 
their  respective  houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place. 

Art.  27.  The  members  of  the  General  Assembly  shall  re- 
ceive a compensation  not  to  exceed  four  dollars  per  day  during 
their  attendance,  and  their  actual  traveling  expenses  going 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


11 


to  and  returning  from  the  seat  of  government;  but  in  no  instance 
shall  more  than  thirty  dollars  each  way  be  allowed  for  traveling 
expenses. 

Art.  28.  Each  house  shall  keep  a journal  of  its  proceedings, 
and  cause  the  same  to  be  published  immediately  after  the  close 
of  the  session;  when  practicable,  the  minutes  of  each  day’s 
session  shall  be  printed  and  placed  in  the  hands  of  members  on 
the  day  following.  The  original  journal  shall  be  preserved, 
after  publication,  in  the  office  of  Secretary  of  State,  but  there 
shall  be  required  no  other  record  thereof. 

Art.  29.  Every  law  enacted  by  the  General  Assembly  shall 
embrace  but  one  object,  and  that  be  expressed  in  the  title. 

Art.  30.  No  law  shall  be  revived  or  amended  by  reference 
to  its  title,  but  in  such  cases  the  act  revived  or  section  as 
amended  shall  be  re-enacted  and  published  at  length. 

Art.  31.  The  general  Assembly  shall  never  adopt  any 
system  or  code  of  laws  by  general  reference  to  such  system  or 
code  of  laws,  but  in  all  cases  shall  recite  at  length  the  several 
provisions  of  the  laws  it  may  enact. 

Art.  32.  Not  less  than  a majority  of  the  members  of  each 
House  of  the  General  Assembly  shall  form  a quorum  to  transact 
business;  but  a smaller  number  may  adjourn  from  day  to  day, 
and  shall  have  power  to  compel  the  attendance  of  absent  mem- 
bers. 

Art.  33.  Neither  House  during  the  session  of  the  General 
Assembly  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which 
it  may  be  sitting. 

Art.  34.  The  yeas  and  nays  on  any  question  in  either 
House  shall,  at  the  desire  of  one-fifth  of  the  members  elected, 
be  entered  on  the  journal. 

Art.  35.  All  bills  for  raising  revenue  or  appropriating 
money  shall  originate  in  the  House  of  Representatives,  but  the 
Senate  may  propose  or  concur  in  amendments,  as  in  other  bills. 

Art.  36.  No  bill,  ordinance,  or  resolution  intended  to  have 
the  effect  of  a law,  which  shall  have  been  rejected  by  either 
House,  shall  be  again  proposed  in  the  same  House  during  the 
same  session,  under  the  same  or  any  other  title,  without  the 


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CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


consent  of  a majority  of  the  House  by  which  the  same  was  re- 
jected. 

Art.  37.  Every  bill  shall  be  read  on  three  different  days  in 
each  H .use,  and  no  bill  shall  be  considered  for  final  passage 
unless  it  has  been  read  once  in  full,  and  the  same  has  been 
reported  on  by  a committee.  Nor  shall  any  bill  become,  a law 
unless,  on  its  final  jiassage,  the  vote  be  taken  by  yeas  and  nays, 
the  names  of  the  members  voting  for  or  against  the  same  be 
entered  on  the  journal,  and  a majoritj'  of  the  members  elected 
to  each  House  be  recorded  thereon  as  voting  in  its  favor. 

Art.  38.  No  amendment  to  bills  by  one  House  shall  be 
concurred  in  by  the  other,  except  by  a vote  of  a majority  of 
the  members  elected  thereto,  taken  by  yeas  and  nays,  and  the 
names  of  those  voting  for  or  against  recorded  upon  the  journal 
thereof.  And  reports  of  committees  of  conference  shall  be 
adopted  in  either  House  only  by  a majority  of  the  members 
elected  thereto,  the  vote  to  be  taken  by  yeas  and  naj^s,  and  the 
names  of  those  ^'oting  for  or  against  recorded  upon  the  journal. 

Art.  39.  Whenever  a bill  that  has  been  passed  by  both 
Houses  is  enrolled  and  placed  in  possession  of  the  House  in 
which  it  originated  the  title  shall  be  read,  and  at  the  request 
of  any  five  members,  the  bill  shall  be  read  in  full,  when  the 
Speaker  of  the  House  of  Kepreseutatives  or  the  President  of  the 
Senate,  as  the  case  may  be,  shall  act  at  once,  sign  it  in  open 
House,  and  the  fact  of  signing  shall  be  noted  on  the  journal ; 
thereupon  the  Clerk  or  Secretary  shall  immediately  convey  the 
bill  to  the  other  House,  whose  presiding  ofiftcer  shall  cause  a 
suspension  of  all  other  business  to  read  and  sign  the  bill  in 
open  session  and  without  delay  j as  soon  as  bills  are  signed  by 
the  Speaker  of  the  House  and  President  of  the  Senate,  they 
shall  be  taken  at  once,  and  on  the  s >me  day,  to  the  Governor  by 
the  Clerk  of  the  House  or  Secretary  of  the  Senate. 

Art.  40.  No  law  passed  by  the  General  Assembly,  except 
the  general  appropriation  act,  or  act  appropriating  money  for 
the  expenses  of  the  General  Assembly,  shall  take  effect  until 
promulgated.  A law  shall  be  considered  promulgated  at  the 
place  where  the  State  journal  is  published  the  day  after  the 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


13 


pablicatiou  of  such  law  ill  the  State  journal,  and  in  all  other 
parts  of  the  State,  twenty  days  after  such  publication. 

Art.  41.  The  clerical  officers  of  the  two  Houses  of  Eepre- 
sentatives  shall  be  a Secretary  of  the  Senate  and  Clerk  of  the 
House  of  Representatives,  with  such  assistants  as  may  be 
necessary,  but  the  expenses  for  clerks  and  employes  shall  not 
exceed  sixty  dollars  dady  lor  the  Senate,  nor  seventy  dollars 
daily  for  the  House. 

Art.  42.  All  stationery,  printing’,  paper  and  fuel  used  in 
the  legislative  and  other  departments  of  government,  shall  be 
furnished,  and  the  printing,  binding  and  distributing  ot  the  laws, 
journals  and  department  reports,  and  all  other  printing  and 
binding,  and  the  repairing  and  furnishing  the  halls  and  rooms 
used  for  the  meetings  of  the  General  Assembly  and  its  commit- 
tees, shall  be  done  under  contract,  to  be  given  to  the  lowest  re- 
sponsible bidder  below  such  maximum  price,  and  under  such 
regulations  as  shall  be  prescribed  by  law;  provided^  that  such 
contracts  shall  be  awarded  only  to  citizens  of  the  State, 
member  or  officer  ot  any  of  the  departments  of  the  government 
shall  be  in  any  way  interested  in  such  contracts,  and  all  such 
contracts  shall  be  subject  to  the  aiiproval  of  the  Governor,  the 
President  of  the  Senate  and  Speaker  of  the  House  of  Represen- 
tatives, or  any  two  of  them. 

LIMITATION  OF  LEGISLATIVE  POWERS. 

Art.  43.  No  money  shall  be  drawn  from  the  treasury  ex- 
cept in  pursuance  of  specific  appropriations  made  by  law;  nor 
shall  any  appropriation  of  money  be  made  tor  a longer  term  than 
two  years.  A regular  statement  and  account  ot  receipts  and 
expenditures  of  all  public  moneys  shall  be  pu  jlished  every  three 
months,  in  such  manner  as  shall  be  be  prescribed  by  law. 

Art.  44.  The  General  Assembly  shall  have  no  power  to 
contract,  or  to  authorize  the  contracting,  ot  any  debt  or  liability, 
on  behalf  of  the  State,  or  to  issue  bonds  or  other  evidence  of 
indebtedness  thereot,  except  for  the  j)urpose  of  repelling  inva- 
sion or  for  the  suppression  of  insurrection. 

Art.  45.  The  General  Assembly  shall  have  no  power  to 


14 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


grant,  or  to  antliorize  any  parish  or  municipal  authority  to  grant, 
any  extra  compensation,  fee  or  allowance  to  a public  officer, 
agent,  servant  or  contractor,  nor  pay,  nor  authorize  the  payment, 
of  any  claim  against  the  State,  or  any  parish  or  municipality  of 
the  State,  under  any  agreement  or  contract  made  without  ex> 
press  authority  of  law;  and  all  such  unauthorized  agreements  or 
contracts  shall  be  null  and  void. 

Art.  46.  The  General  Assembly  shall  not  pass  any  local 
or  special  law  on  the  following  specified  objects : 

For  the  opening  and  conducting  of  elections,  or  fixing  or 
changing  the  place  of  voting. 

Changing  the  names  of  persons. 

Changing  the  venue  in  civil  or  criminal  cases. 

Authorizing  the  laying  out,  opening,  closing,  altering  or 
maintaining  roads,  highways,  streets  or  alleys,  or  relating  to 
ferries  and  bridges,  or  incorporating  bridge  or  ferry  companies, 
except  for  the  erection  of  bridges  crossing  streams  which  form 
bounbaries  between  this  and  any  other  State. 

Authorizing  the  adoption  or  legitimation  of  children  or  the 
emancipation  of  minors. 

Granting  divorces. 

Changing  the  law  of  decent  or  succession. 

Afiecting  tiie  estates  of  minors  or  persons  under  disabilities. 

Eemittiug  fines,  penalties  and  lorfeitures  or  refunding 
moneys  legally  paid  into  the  treasury. 

Authorizing  the  constructing  of  street  passenger  railroads 
in  any  incorporated  town  or  city. 

Kegulating  labor,  trade,  manufacturing  or  agriculture. 

Creating  corporations,  or  amending,  renewing,  extending  or 
explaining  the  charter  thereof;^?roi?td^d,  that  this  shall  not  apply  to 
the  corporation  of  the  city  of  New  Orleans,  or  to  the  organiza- 
tion of  levee  districts  and  parishes. 

Granting  to  any  corporation,  association  or  individual  any 
special  or  exclusive  right,  privilege  or  inimunity. 

Extending  the  time  fur  the  assessment  or  collection  of  taxes, 
or  for  the  relief  of  any  assessor  or  collector  of  taxes  from  the  due 
performance  of  his  official  duties,  or  of  Ids  securities  from  lia- 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


15 


bilityj  nor  shall  any  such  be  passed  by  any  political  corporation 
of  this  State. 

Regulating  the  practice  or  jurisdiction  of  any  court,  or 
changing  the  rules  of  evidence  in  any  judicial  proceeding  or 
inquiry  before  coujts,  or  providing  or  changing  methods  for  the 
collection  of  debts  or  the  enforcement  of  judgments,  or  prescrib- 
ing the  effects  of  judicial  sales. 

Exemption  of  property  from  taxation. 

Fixing  the  rate  of  interest. 

Concerning  any  civil  or  criminal  actions. 

Giving  effect  to  informal  or  invalid  wills  or  deeds,  or  to  any 
illegal  disposition  of  property. 

Regulating  the  management  of  public  schools,  the  building 
or  repairing  of  school  houses,  and  the  raising  of  money  for  such 
purposes. 

Legalizing  the  unauthorized  or  invalid  acts  of  any  officer, 
servant,  agent  of  the  State,  or  of  any  parish  or  municipality 
thereof. 

Art.  47.  The  General  Assembly  shall  not  indirectly  enact 
special  or  local  laws  by  the  partial  repeal  of  a general  lawj  but 
laws  repealing  local  or  special  laws  may  be  passed. 

Art.  48  No  local  or  special  laws  shall  be  passed  on  any 
subject  not  nuumerated  in  Article  46  of  this  Constitution,  unless 
notice  of  the  intention  to  apply  therefor  shall  have  been  j)ub- 
lished,  without  cost  to  the  State,  in  the  locality  where  the  matter 
or  thing  to  be  affected  may  be  situated,  which  notice  shall  state 
the  substance  ot  the  contemplated  law,  and  shall  be  published  at 
least  thirty  days  prior  to  the  introduction  into  the  General  As- 
sembly of  such  bill,  and  in  the  same  manner  provided  by  law  for 
the  advertisement  of  judicial  sales.  The  evidence  of  such  notice 
having  been  published  shall  be  exhibited  in  tlie  General  Assem- 
bly before  such  act  shall  be  passed,  and  every  such  act  shall  con- 
tain a recital  that  such  notice  has  been  given. 

Art.  49.  No  law  shall  be  passed  fixing  the  x>rice  of  manna 
labor. 

Art.  50.  Any  member  of  the  General  Assembly  who  has  a 
personal  or  private  interest  in  any  measure  or  bill  proposed  or 
pending  before  the  General  Assembly  shall  disclose  the  tact  to 


16 


CONSTIIUTION  OF  THE  STATE  OF  LOUISIANA. 


the  House  of  which  he  is  a member,  and  shall  not  vote  thereon. 

Art.  51.  Xo  money  shall  ever  be  taken  from  the  public 
treasury,  directly  or  indirectly  in  aid  of  any  church,  sect  or 
denomination  of  religion,  or  in  aid  of  any  priest,  preacher,  min- 
ister or  teacher  thereof,  as  such,  and  no  preference  shall  ever  be 
given  to  nor  any  discrimination  made  against,  any  church,  sect 
or  creed  of  religion,  or  any  form  of  religious  faith  or  worship,  nor 
shall  any  appropriations  be  made  for  private  charitable  or  be- 
nevolent purposes  to  any  person  or  community;  provided^  this 
shall  not  ai)ply  to  the  State  asylums  for  the  insane  and  deaf, 
dumb  and  blind  and  the  charity  hospitals  and  public  charitable 
institutions  conducted  under  State  authority. 

Art.  52.  The  General  Assembly  shall  have  no  power  to 
increase  the  expenses’  of  any  office  by  appointing  assiijtant 
officials. 

Art.  53.  The  gein-ral  a])propriation  bill  shall  embrace 
nothing  but  appropriation  ^ for  the  ordinary  expenses  of  the 
government,  interest  on  t!ie  public  debt,  public  schools  and 
public  charities,  and  such  bill  shall  be  so  itemized  as  to  show 
for  what  account  each  and  every  appropria  ion  shall  be  made. 
All  other  appropriations  shall  be  made  by  separate  bills,  each 
embracing  but  one  object. 

Art.  54.  Eacli  appropriation  shall  be  for  a specilic  purpose, 
and  no  appropnation  shall  be  made  under  the  head  or  title  of 
contingent;  nor  shall  any  officer  or  department  of  government 
receive  any  amount  from  the  treasury  for  contingencies  or  for  a 
contingent  fund. 

Art.  55.  Xo  appropriation  of  money  shall  be  made  by  the 
General  Assembly  in  the  last  five  days  of  the  session  thereof; 
ail  appropriations  to  be  valid,  shall  be  passed  and  receive  the 
signatures  of  the  President  of  the  Senate  and  Speaker  of  the 
House  of  Kepresentatives  live  full  days  before  the  adjournment 
sine  die  of  the  General  Assembly. 

Art.  56.  The  funds,  credit,  property  or  things  of  value  of 
the  State,  o^^  of  any  political  corimration  thereof,  shall  not  be 
loaned,  jiledged  or  granted  to  or  for  any  person  or  persons,  asso- 
ciation or  corporation,  imblic  or  private;  nor  shall  the  State,  or 
any  political  corporation,  purchase  or  subscribe  to  the  capital  or 


CONSTITUTION  OF  TflE  STATE  ^ F LOUISIANA. 


17 


stock  of  any  corporation  or  association  whatever,  or  for  any 
private  enterprise.  Nor  shall  the  State,  nor  any  political  corpor- 
ation thereof  assume  the  liabilities  of  any  political,  municipal, 
parochial,  private,  or  other  corporation  or  association  whatsoever; 
nor  shall  the  State  undertake  to  carry  on  the  business  of  any 
such  corporation  or  association,  or  become  a i)art  owner  therein; 
provided,  the  State,  throujjh  the  General  Assembly,  shall  have 
power  to  grant  the  right  of  way  through  its  public  lauds  to  any 
railroad  or  canal. 

Art.  57.  The  General  Assembly  shall  have  no  power  to 
release  or  extinguish,  or  to  authorize  the  releasing  or  extinguish 
ing,  in  whole  or  in  x^art,  the  indebtedness,  liability  or  obligation 
of  any  corporation  or  individual  to  this  State,  or  to  any  jmrish 
or  municipal  corporation  therein;  provided,  the  heirs  to  confis- 
cated property  may  be  released  of  all  taxes  dne  thereon  at  the 
date  of  its  reversion  to  them. 

EXECUTIVE  DEPAKTMEXT. 

Art.  58.  The  Executive  Dex^artment  shall  consist  of  a 
Governor,  Lieutenant  Governor,  Auditor,  Treasurer,  and  Sec- 
retary of  State. 

Art.  59.  The  supreme  executive  x^ower  of  the  State  shall 
be  vested  in  a chief  magistrate,  who  shall  be  styled  the  Gover- 
nor of  Louisiana.  He  shall  hold  his  office  during  tour  years,  and, 
together  with  the  Lieutenant  Governor,  chosen  for  the  same 
term,  shall  be  elected  as  follows:  The  qualified  electors  for 

Representatives 'shall  vote  for  a Governor  and  Lieutenant  Gov- 
ernor at  the  time  and  place  of  voting  for  Rex)resentatives. 

The  returns  of  every  election  for  Governor  and  Lieutenant 
Governor  shall  be  sealed  up  separately  from  the  returns  of  elec- 
tion of  other  officers,  and  transmitted  by  the  x^i'oper  officer  of 
every  parish  to  the  Secretary  of  State,  who  shall  deliver  them, 
unopened,  to  the  General  Assembly  then  next  to  be  holden. 
The  members  of  the  General  Assembly  shall  meet  on  the  first 
Thursday  after  the  day  on  which  they  assemble,  in  the  House  of 
Representatives,  to  examine  and  count  the  votes.  The  person 
having  the  greatest  numberof  votes  for  Governor  shall  be  declared 


2 


18 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


duly  elected;  but  in  case  two  or  more  persons  shall  be 
equal  and  highest  in  the  number  of  votes  polled  for  Governor, 
one  of  them  shall  immediately  be  chosen  Governor  by  the  joint 
vote  of  the  members  ot  the  General  Assembly.  The  person 
having  the  greatest  number  of  votes  for  Lieutenant  Governor 
shall  be  Lieutenant  Governor;  but  if  two  or  more  persons  shall 
be  equal  and  highest  in  number  of  votes  polled  for  Lieutenant 
Governor,  one  of  them  shall  be  immediately  chosen  Lieutenant 
Governor,  by  joint  vote  of  the  members  of  the  General  Assembly. 

Art.  go.  No  person  shall  be  eligible  to  the  office  of  Gover- 
nor or  Lieutenant  Governor  who  shall  not  have  attained  the  age 
of  thirty  years,  been  ten  years  a citizen  of  the  United  States,  and 
resident  ot  the  State  for  the  same  space  of  time  next  preceding 
his  election,  or  who  shall  be  a member  of  Congress,  or  shall  hold 
office  under  the  United  States  at  the  time  of,  or  within  six 
months  immediately  preceding  the  election  for  such  office. 

Art.  G1.  The  Governor  shall  enter  on  the  discharge  of  his 
duties  the  first  Monday  next  ensuing  the  announcement  by  the 
General  Assembly  of  the  result  of  the  election  for  Governor, 
and  shall  continue  in  office  until  the  Monday  next  succeeding 
the  day  that  his  successor  shall  have  been  declared  duly  elected 
and  shall  have  taken  the  oath  or  affirmation  required  by  this 
constitution. 

Art.  G2.  In  case  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  refusual  or  inability  to  qualify,  dis- 
abilit}^,  resignation  or  absence  Irom  the  State,  the  powers  and 
duties  of  the  office  shall  devolve  upon  the  Lieutenant  Governor 
for  the  residue  ot  the  term,  or  until  the  Governor,  absent  or  im- 
peached, shall  return  or  be  acquitted  or  the  disability  be  re- 
moved. In  tlie  event  of  the  removal,  impeachment,  death,  res- 
ignation, disability  or  refusal  to  quality  of  both  the  Governor 
and  Lieutenant  Governor,  the  President  pro  tempore  of  the  Sen- 
ate shall  act  as  Governor  until  the  disability  be  removed  or  for 
the  residue  of  the  term. 

That  in  the  event  of  the  death,  or  from  whatever  cause  the 
office  of  Lieutenant  Governor  shall  become  vacant,  then,  and  in 
that  event,  the  President  pro  tempore  of  the  Senate  shall  fill  the 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


19 


office  of  Lieutenant  Governor,  performing  all  the  duties  incident 
to  the  office  and  receiving  its  emoluments. 

Art.  63.  The  Lieutenant  Governor,  or  officer  discharging 
the  duties  of  Governor,  shall,  during  his  administration,  receive 
the  same  compensation  to  which  the  Governor  would  have  been 
entitled  had  he  continued  in  office. 

Art.  04.  The  Lieutenant  Governor  shall,  by  virtue  of  his 
office,  be  President  of  the  Senate,  but  shall  have  only  a casting 
vote  therein.  The  Senate  shall  elect  one  of  its  members  as  Pres- 
ident ^ro  tempore  of  the  Senate. 

Art.  05.  The  Lieutenant  Governor  shall  receive  for  his 
services  a salary  which  shall  be  double  that  of  a member  of  the 
General  Assembly,  and  no  more. 

Art.  06.  The  Governor  shall  have  power  to  grant  reprioA^es 
tor  all  offenses  against  the  State,  and,  except  in  cases  of  im- 
peachment or  treason,  shall,  upon  the  recommendation  in  writ- 
ing of  the  Lieutenant  Governor,  Attorney  General  and  presiding 
judge  of  the  court  before  which  conviction  was  had,  or  of  any 
two  of  them,  have  power  to  grant  pardons,  commute  sentences, 
and  remit  fines  and  forfeitures  af.er  conviction.  In  cases  of 
treason  he  may  grant  reprieves  until  the  end  of  the  next  session 
of  ihe  General  Assembly,  in  which  body  the  power  of  pardoning 
is  vested. 

Art.  07.  The  Governor  shall  receive  a salary  of  tour  thou- 
sand dollars  per  annum,  payable  monthly  on  his  own  warrant. 

Art.  08.  He  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  appoint  all  officers  whose  offices  are 
established  by  this  Constitution,  and  whose  appointments  or 
elections  are  not  herein  otherwise  j)rovided  for  ; provided^  how- 
ever, that  the  General  Assembly  shall  have  the  right  to  prescribe 
the  mode  ot  appointment  or  election  to  all  offices  created  by  it. 

Art.  09.  The  Governor  shall  have  the  power  to  fill  vacan- 
cies that  may  happen  during  the  recess  of  the  Senate,  in  cases 
not  otherwise  provided  for  in  this  Constitution,  by  granting 
commissions  which  shall  expire  at  the  end  of  the  next  session  . 
but  no  person  who  has  been  nominated  for  office  and  rejected, 
shall  be  appointed  to  the  same  office  during  the  recess  of  the 
Senate.  The  failure  of  the  Governor  to  send  into  the  Senate 


20 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


the  name  of  any  person  appointed  for  office,  as  herein  provided, 
shall  be  equivalent  to  a rejection. 

Art.  70.  He  may  require  information  in  writing  from  the 
officers  in  the  Executive  Department  upon  any  subject  relating 
to  the  duties  of  their  respective  offices.  He  shall  be  Command- 
er-in-Chief  of  the  militia  of  the  State,  except  when  they  shall  be 
called  into  active  service  of  the  United  States. 

Art.  71.  He  shall,  from  time  to  time,  give  to  the  General 
Assembly  information  respecting  the  situation  of  the  State,  and 
recommend  to  its  consideration  such  measures  as  he  may  deem 
expedient. 

Art.  72.  He  shall  take  care  that  the  laws  be  faithfully 
executed,  and  he  may,  on  extraordinary  occasions,  conv^ene  the 
General  Assembly  at  the  seat  of  government;  or,  if  that  should 
have  become  dangerous  from  an  enemy  or  from  an  epidemic,  at 
a different  place.  The  power  to  legislate  shall  be  limited  to  the 
objects  enumerated  specifically  in  the  proclamation  convening 
such  extraordinary  session;  therein  the  Governor  shall  also 
limit  the  time  such  session  may  iiontiwwQ:  provided^  it  shall  not 
exceed  twenty  days.  Any  legislative  action  had  after  the  time 
so  limited,  or  as  to  other  objects  than  those  enumerated  in  said 
proclamation,  shall  be  null  and  void. 

Art.  73.  Every  bill  which  shall  have  passed  both  Houses, 
shall  be  iiresented  to  the  Governor;  if  he  apiirove,  he  shall 
sign  it;  if  not,  he  shall  return  it,  with  his  objections,  to  the 
House  in  which  it  originated,  which  House  shall  enter  the  ob- 
jections at  large  upon  the  journal,  and  proceed  to  reconsider  it. 
If,  after  such  consideration,  two- thirds  of  all  the  members 
elected  to  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
with  the  objections,  to  the  other  House,  by  which  likewise  it 
shall  be  reconsidered,  and  if  passed  by  two-thirds  of  the  mem- 
bers elected  to  that  House,  it  shall  be  a law;  but  in  such  cases; 
the  votes  of  both  Houses  shall  be  taken  by  yeas  and  nays,  and 
the  names  of  the  members  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  House  respectively.  If  any 
bill  shall  not  be  returned  by  the  Governor  within  five  days  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a law  in 
like  manner  as  if  he  had  signed  it,  unless  the  General  Assembly, 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


21 


by  adjournmeLt,  shall  prevent  its  return,  in  which  case  it  shall 
not  be  a law. 

Art.  74.  The  Governor  shall  have  the  power  to  disapprove 
of  any  item  or  items  of  any  bill  making  appropriations  of  money, 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 
proved shall  be  law  and  the  item  or  items  of  appropriations 
disapproved  shall  be  void  unless  repassed,  according  to  the 
rules  and  limitations  prescribed  for  the  passage  of  other  bills, 
over  the  Executive  veto. 

Art.  75.  Every  order,  resolution  or  vote,  to  which  the  con- 
currence of  both  Houses  may  be  necessary,  except  on  a question 
of  adjournment,  or  on  matters  of  parliamentary  proceedings,  or 
an  address  for  removal  from  office,  shall  be  presented  to  the 
Governor,  and  before  it  shall  take  effect,  be  approved  by  him, 
or  being  disapproved,  shall  be  repassed  by  two-thirds  of  the 
members  elected  to  each  House. 

Art.  76.  The  Treasurer,  Auditor,  Attorney  General,  and 
Secretary  of  State,  shall  be  elected  by  the  qualified  elec'ors  of 
the  State  for  the  term  of  four  years;  and  in  case  of  vacancy 
caused  by  death,  resignation  or  permanent  absence  of  either  of 
said  officers,  the  Governor  shall  fill  such  vacancy  by  appoint- 
ment, with  the  advice  and  consent  of  the  Senate ; ])rovided, 
however,  that  notwithstanding  such  appointment,  such  vacancy 
shall  be  filled  by  election  at  the  next  election  alter  the  occur- 
rence of  the  vacancy. 

Art.  77.  The  Auditor  of  Public  Accounts  shall  receive  a 
salasy  of  two  thousand  five  hundred  dollars  per  annum;  the 
Treasurer  shall  receive  a salary  of  two  thousand  dollars  per 
annum ; and  the  Secretary  of  State  shall  receive  a salary  of 
one  thousand  eight  hundred  dollars  per  annum.  Each  of  ihe 
before  named  officers  shall  be  paid  monthly,  and  no  fees  or  per- 
quisites or  other  compensation  shall  be  allowed  to  said  officers; 
provided,  the  Secretary  of  State  may  be  allowed  fees  as  may  be 
provided  by  law  for  copies  and  certificates  furnished  to  private 
persons. 

Art.  78.  Appropriations  for  the  clerical  expenses  of  the 
officers  named  in  the  preceding  article  shall  specify  each  item 
of  such  appropriations;  and  shall  not  exceed  in  any  one  year, 


^>5 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


for  the  Treasurer,  the  sum  of  two  thousand  dollars;  for  the 
Secretary  of  State,  the  sum  of  one  thousand  five  hundred  dol- 
lars; and  for  the  Auditor  of  Public  Accounts,  the  sum  of  four 
thousand  dollars. 

Art.  79.  All  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  Louisiana,  and  shall  be  sealed  with 
the  State  seal,  signed  by  the  Governor  and  countersigned  by 
the  Secretary  of  State. 

JUDIOIAEY  DEPARTMENT. 

Art.  80.  The  judicial  power  shall  be  vested  in  a Supreme 
Court,  in  courts  of  appeal,  in  district  courts  and  in  justices  of  the 
peace. 

Art.  81.  The  Supreme  Court,  excei)t  in  cases  hereninafter 
provided,  shall  have  appellate  jurisdiction  only,  which  jurisdic- 
tion shall  extend  to  all  cases  when  the  matter  in  dispute,  or  the 
fund  to  be  distributed,  whatever  may  be  the  amount  therein 
claimed,  shall  exceed  two  thousand  dollars,  exclusive  of  interest; 
to  suits  for  divorce  and  separation  from  bed  and  board; 
to  suits  for  nullity  of  marriage;  to  suits  involving 
the  rights  to  homesteads;  to  suits  for  interdiction;  and  to 
all  cases  in  whicli  the  constitutionality  or  legality  of  any  tax, 
toll  or  impost  whatever,  or  of  any  fine,  forfeiture  or  penalty  im- 
posed by  a municipal  corporation  shall  be  in  contestation,  w'hat- 
ever  may  be  the  amount  thereof,  and  in  such  cases  the  appeal  on 
the  law  and  the  fact  shall  be  directly  from  the  court  in  which 
the  case  originated  to  the  Supieme  Court;  and  to  criminal  cases, 
on  questions  of  law  alone,  whenever  the  punishment  of  death  or 
imprisonment  at  hard  labor  may  be  inflicted,  or  a fine  exceeding 
three  hundred  dollars  ($300)  is  actually  imposed. 

Art.  8-J.  The  Supreme  Court  shall  be  composed  of  one 
Chief  Justice  and  four  Associate  Justices,  a majority  of  whom 
shall  constitute  a quorum.  The  Chief  Justice  and  Associate 
Justices  shall  each  receive  a salary  of  five  thousand  dollars 
(5000)  per  annum,  payable  monthly  on  their  own  warrants.  They 
shall  be  appointed  by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate.  The  first  Supreme,  Court  to  be  orgrn- 
ized  under  this  constitution  shall  be  appointed  as  follows  : The 


CONSTITUnON  OF  THE  STATE  OF  LOUISIANA. 


23 


Chief  Justice  for  the  term  of  twelv^e  years  ; one  Associate  Jus- 
tice for  the  term  of  ten  years ; one  for  the  term  of  eight  years , 
one  for  the  term  of  six  years ; and  one  for  the  term  of  four  years  , 
and  the  Governor  shall  designate  in  the  commission  of  each  the 
term  for  which  such  judge  is  appointeil.  In  case  of  death,  resig- 
nation or  removal  from  office  of  any  of  said  judges,  the  vacancy 
shall  be  filied  by  appointment  for  the  unexpired  term  of  said 
judge,  and  upon  expirrtion  of  the  term  of  any  said  judges  the 
office  shall  be  filled  by  appointment  for  a term  of  twelve  years. 
They  shall  be  citizens  of  the  United  Slates,  and  of  the  State, 
over  thirty-five  years  of  age,  learned  in  the  law,  and  shall  have 
practiced  law  in  this  State  for  ten  years  preceding  their 
appointment. 

Art.  83.  The  State  shall  be  divided  into  four  Supreme 
Court  Districts,  and  the  Supreme  Court  shall  always  be  com- 
posed of  judges  appointed  from  said  districts.  The  parishes  of 
Orleans,  St.  John  the  Bajjtist,  St.  Charles,  St.  Bernard,  Plaque- 
mines and  Jefterson  shall  compose  the  first  district,  from  which 
two  judges  shall  be  appointed. 

The  parishes  of  Caddo,  Bossier,  Webster,  Bienville.  Clai- 
borne, Union,  Lincoln,  Jackson,  Caldwell,  Ouachita,  Morehouse, 
Richland,  Franklin,  West  Carroll,  East  Carroll,  Madison,  Tensas 
and  Catahoula  shall  compose  the  second  district,  from  which 
one  judge  shall  be  appointed. 

The  parishes  of  DeSoto,  Red  River,  Winn,  Grant,  Natchi- 
toches, Sabine,  Vernon,  Calcasieu, Cameron,  Rapides,  Avoyelles^ 
Concordia,  Pointe  Coupee,  West  Baton  Rouge,  Iberville,  St* 
Landry,  Lafayette  and  Vermilion  shall  compose  the  third  district, 
from  which  one  judge  shall  be  appointed. 

And  the  parishes  of  St.  Martin,  Iberia,  St.  Mary,  Terre- 
bonne, Latourche,  Assumption,  St.  James,  Ascension,  East 
Rouge,  East  Feliciana,  West  Feliciana,  St.  Helena,  Livingston, 
Tangipahoa,  St.  Tammany  and  Washington  shall  comi)ose  the 
fourth  district,  from  which  one  judge  shall  be  appointed. 

Art.  84.  The  Supreme  Court  shall  hold  its  sessions  in  the 
city  of  New  Orleans  from  the  first  Monday  in  the  month  of 
November  to  the  end  of  the  month  of  May  in  each  and  every 
year.  The  General  Assembiy  shall  have  power  to  fix  the  ses- 


24 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


sions  elsewhere  during  the  rest  of  the  year.  Until  otherwise 
provided,  the  sessions  shall  be  held  as  heretofore.  They  shall 
appoint  their  own  clerks  and  remove  them  at  pleasure. 

85.  No  judgment  shall  be  rendered  by  the  Supreme 
Court  without  the  concurrence  of  three  judges.  Whenever  three 
members  cannot  concur,  in  consequence  of  the  recusation  of  any 
member  or  members  of  the  court,  the  judges  not  recused  shall 
have  authority  to  call  upon  any  judge  or  judges  of  the  district 
courts,  whose  duty  it  shall  be,  when  so  called  upon,  to  sit  in  the 
place  of  the  judge  or  judges  recused,  and  to  aid  in  the  deter- 
mination of  the  case. 

Art.  86.  All  judges,  by  virtue  of  their  office,  shall  be  con- 
servators of  the  the  peace  throughout  the  State-  The  style  of  all 
process  shall  be,  “The  State  of  Louisiana.”  All  prosecutions 
shall  be  carried  on  “in  the  name  and  by  the  authority  of  the  State 
of  Louisiana,”  and  conclude:  “Against  the  peace  and  dignity  of 
the  same.” 

Art.  87.  The  judges  of  all  courts,  whenever  practicable, 
shall  refer  to  the  law  by  virtue  of  which  every  definite  judgment 
is  rendered 5 but  in  all  cases  they  shall  adduce  the  reasons  on 
which  their  judgment  is  founded. 

Art.  88.  There  shall  be  a reporter  of  the  decisions  of  the 
Supreme  Court,  who  shall  report  in  full  all  cases  which  he  may 
be  required  to  report  by  law  or  by  the  court.  He  shall  publish 
in  the  reports  the  title,  numbers  and  head  notes  of  all  cases 
decided,  whether  reported  in  full  or  not. 

In  all  cases  reported  in  full  he  shall  make  a brief  statement 
of  the  principal  points  presented  and  authorities  cited  by 
counsel. 

He  shall  be  appointed  by  a majority  of  the  court,  and  hold 
his  office  and  be  removable  at  their  pleasure. 

His  salary  shall  be  fixed  by  the  court,  and  shall  not  exceed 
fifteen  hundred  dollars  i)er  annum,  payable  monthly  on  his  own 
warrant. 

Art.  89.  The  Supreme  Court  and  each  of  the  judges 
thereof  shall  have  power  to  issue  writs  of  habeas  corpus  at  the 
instance  of  all  persons  in  actual  custody,  in  cases  where  it  may 
have  appellate  jurisdiction. 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


Art.  90.  The  Supreme  Court  shall  have  control  and  gen- 
eral supervision  over  all  inferior  courts.  They  shall  have  power 
to  issue  writs  of  certiorari^  jirohibition,  mandamus^  quo  ivarranto^ 
and  other  remedial  writs. 

Art.  91.  The  General  Assembly  shall  provide  for  appeals 
from  the  district  courts  to  the  Supreme  Court  upon  questions  of 
law  alone,  when  the  party  or  parties  aggrieved  desire  only  a 
review  of  the  law. 

Art.  92.  Except  as  herein  provided  no  duties  or  functions 
shall  ever  be  attached  by  law  to  the  Supreme  Court,  courts  of 
appeal  or  district  courts,  or  the  several  judges  thereof,  but  such 
as  are  judicial;  and  the  said  judges  are  prohibited  from  receiv- 
iug  any  fees  of  office  or  other  compensation  than  their  salaries 
for  any  official  duties  performed  by  them.  No  judicial  powers, 
except  as  committing  magistrates  in  criminal  cases,  shall  be  con- 
ferred on  any  officers  other  than  those  mentioned  in  this  title, 
except  such  as  may  be  necessary  in  towns  and  cities,  and  the 
judicial  powers  of  such  officers  shall  not  extend  further  than  the 
cognizance  of  cases  arising  under  the  police  regulations  of 
towns  and  cities  in  the  State. 

Art.  98.  The  judges  of  all  courts  shall  be  liable  to  impeach- 
ment for  crimes  and  misdemecnors.  For  any  reasonable  cause 
the  Governor  shall  remove  any  of  them  on  the  address  of  two- 
thirds  of  the  members  elected  to  each  house  of  the  General  As- 
sembly. In  every  case  the  cause  or  causes  for  which  such  re- 
moval may  be  required  shall  be  stat3d  at  length  in  the  address, 
and  inserted  in  the  journal  of  each  house. 

ATTOKNEY  GENEEAL. 

Art.  94.  There  shall  be  an  Attorney  General  for  the  State, 
who  shall  be  elected  by  the  qualified  electors  of  the  State  at 
large  every  four  years.  He  shall  be  learned  in  the  law,  and 
shall  have  actually  resided  and  practiced  law,  as  a licensed 
attorney  in  the  State  five  years  next  preceding  his  election.  He 
shall  receive  a salary  of  three  thousand  dollars  per  annum; 
payable  monthly  on  his  own  warrant. 


26 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


COURTS  OF  APPEAL. 

Art.  95.  The  courts  of  appeal,  except  in  cases  hereinafter 
provided,  shall  have  apx)ellate  jurisdiction  only,  which  juris- 
diction shall  extend  to  all  cases,  civil  or  probate,  when  the 
matter  in  dispute  or  the  funds  to  be  distributed  shall  exceed 
one  hundred  dollars,  exclusive  of  interest,  and  shall  not  exceed 
two  thousand  dollars,  exclusive  of  interest. 

Art.  96.  The  courts  of  appeal  shall  be  composed  of  two 
circuit  judges,  shall  be  elected  by  the  two  houses  of  the  General 
Assembly  in  joint  session.  The  first  judges  of  the  courts  of 
appeal  under  this  constitution  shall  be  elected  for  the  follow- 
ing terms:  One  judge  for  each  court  for  the  term  of  four  years 

and  one  judge  for  the  terni  of  eight  years. 

They  shall  be  learned  in  the  law  and  shall  have  resided  and 
practiced  law  in  this  State  for  six  years,  and  shall  have  been 
actual  residents  of  the  circuit  from  wliicli  they  shall  be  elected 
for  at  least  two  years  next  preceding  their  election. 

Art.  97.  The  State,  with  the  exception  of  the  parish  of 
Orleans,  shall  be  divided  into  five  circuits,  from  each  of  which 
two  judges  shall  be  elected.  Until  otherwise  provided  by  law, 
the  parishes  of  Gaddo,  Bossier,  Webster,  Bienville,  DeSoto,  Bed 
River,  Claiborne,  Union,  Lincoln,  Natchitoches,  Sabine,  Jack- 
son,  Winn  and  Caldwell  shall  compose  the  First  Circuit. 

The  parishes  of  Ouachita,  Richland,  Morehouse,  West 
Carroll,  Catahoula,  Franklin,  Madison,  East  Carroll,  Concordia 
and  Tensas  shall  compose  the  Second  Circuit. 

The  parishes  of  Rapides,  Grant,  Avoyelles,  St.  Landry, 
Vernon,  Calcasieu,  Cameron,  Lafayette,  Vermilion,  St.  Martin 
and  Iberia  shall  compose  the  Third  Circuit. 

The  parishes  of  East  Baton  Rouge,  West  Baton  Rouge, 
Iberville,  East  Feliciana,  St.  Helena,  T-mgipahoa,  Livingston, 
St.  Tammany,  Washingston,  Pointe  Coupee  and  West  Feliciana 
shall  compose  the  Fourth  Circuit. 

And  the  parishes  of  St.  ]\[ary,  Terrebonne,  Ascension,  La- 
fourche, Assumption,  Plaquemines,  St.  Bernard,  Jefferson,  St. 
Charles,  St.  John  the  Baptist  and  St.  James  shall  compose  the 
Fifth  Circuit. 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


27 


Art.  98.  The  judges  of  the  courts  of  appeal,  until  other- 
wise provided  by  law,  shall  bold  two  terms  annually  in  each 
parish  composing  their  respective  circuits. 

Art.  99.  Until  otherwise  provided  by  law,  the  terms  of  the 
circuit  courts  of  appeal  shall  be  as  follows  : 

rmsT  CIRCUIT. 

Caddo — First  Mondays  in  January  and  June. 

Bossier— Third  Mondays  in  January  and  Jnne. 

Webster — First  Mondays  in  February  and  July. 

Bienville — Second  Mondays  in  February  and  July. 
Claiborne — Third  Mondays  in  February  and  July. 

Union — First  Mondays  in  March  and  October. 

Lincoln — Second  Mondays  in  March  and  October. 

Jackson — Third  Mondays  in  March  and  October. 

Caldwell — Fourth  Mondays  in  March  and  October. 

Winn — First  Mondays  in  April  and  November. 

Natchitoches — Second  Mondays  in  April  and  November. 
Sabine — Fourth  Mondays  in  April  and  November. 

DeSoto — First  Mondjys  in  May  and  December, 

Red  River — Third  Mondays  in  May  and  December. 

SECOND  CIRCUIT, 

Ouachita — First  Mondays  in  Jannary  and  June. 

Richland — Fourth  Mondays  in  January  and  June. 

Franklin — First  Mondays  in  February  and  July. 

Catahoula — Second  Mondays  in  February  and  July 
Concordia — Fourth  Mondays  in  February  and  July. 

Tensas — Second  Mondays  in  March  and  October. 

Madison — Fourth  Mondays  in  March  and  October. 

East  Carroll — Second  Mondays  in  April  and  November. 
West  Carroll — Fourth  Mondays  in  April  and  November. 
Morehouse — First  Mondays  in  May  and  December. 

THIRD  CIRCUIT. 

St.  Landry — First  Mondays  in  January  and  June. 

Avoyelles — Fourth  Mondays  in  January  and  June. 

Rapides — Second  Mondays  in  February  and  July. 

Grant — Fourth  Mondays  in  February  and  July. 


28 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


Vernon — First  Mondays  in  March  and  October. 

Calcasieu — Second  Mondays  in  March  and  October. 

Cameron — Fourth  Mondays  in  March  and  October. 

Vermilion — First  Mondays  in  April  and  November. 

Lafayette — Second  Mondays  in  April  and  November. 

Iberia — Fourth  Mondays  in  April  and  November. 

St.  Martin — Second  Mondays  in  May  and  December. 

FOURTH  CIRCUIT. 

East  Baton  Rouge — First  Mondays  in  January  and  June. 
West  Baton  Rouge — Fourth  Mondays  in  January  and  June. 
Livingston — First  Mondays  in  February  and  July. 
Tangipahoa — Second  Mondays  in  February  and  July. 

St.  Tammany — Fourth  Mondays  in  February  and  July. 
Washington — First  Mondays  in  March  and  October. 

St.  Helena — Second  Mondays  in  Marcli  and  October. 

East  Feliciana — Fourth  Mondays  in  March  and  October. 
West  Feliciana — Second  Mondays  in  April  and  November. 
Pointe  Coupee — Fourth  Mondays  in  April  and  November. 
Iberville — Second  Mondays  in  May  and  December. 

FIFTH  CieCCIT. 

St.  Mary — First  Mondays  in  January  and  June. 

Terrebonne — Third  Mondays  in  January  and  June. 
Assumption — First  Mondays  in  February  and  July. 
Lafourche — Third  Mondays  in  February  and  July. 

St.  Charles — First  Mondays  in  March  and  October. 

Jefferson — Second  Mondays  in  March  and  October. 

St.  Bernard — Fourth  Mondays  in  March  and  October. 
Plaquemines — First  Mondays  in  April  and  November. 

St.  John  the  Baptist — Second  Mondays  in  April  and  No- 
vember. 

St.  James — Third  Mondays  in  April  and  November. 
Ascension — Second  Mondays  in  May  and  December. 

Art.  100.  Whenever  the  first  day  of  the  term  shall  fall  on 
a legal  holiday,  the  court  shall  begin  its  sessions  on  the  first 
legal  day  thereafter. 

Art.  101.  Whenever  the  judges  composing  the  courts  of 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


29 


appeal  shall  concur,  their  judgment  shall  be  final.  Whenever 
there  shall  be  a disagreement,  the  two  judges  shall  appoint  a 
lawyer  having  the  qualifications  for  a judge  of  the  Court  of  Ap- 
peals of  their  circuit,  who  shall  aid  in  the  determination  of  the 
case;  a judgment  concurred  in  by  any  two  of  thpm  shall  be  final. 

Art.  102.  All  causes  on  appeal  to  the  courts  of  appeal 
shall  be  tried  on  the  original  record,  pleadings  and  evidence  in 
the  district  court. 

Art.  103.  The  rules  of  practice  regulating  appeals  to,  and 
proceedings  in  the  Supreme  Court,  shall  apply  to  appeals  and 
proceedings  in  the  courts  of  appeal,  so  far  as  they  may  be  appli- 
cable, uniil  otherwise  provided  by  law. 

Art.  101.  The  judges  of  the  courts  of  appeal  shall  have 
power  to  issue  writs  ol  habeas  corpus  at  the  instance  of  all  per- 
sons in  actual  custody  within  their  respective  circuits.  They 
shall  also  have  authority  to  issue  writs  of  mandamus^  prohibition 
and  certiorari,  in  aid  of  their  appellate  jurisdiction. 

Art.  105.  The  judges  of  courts  of  appeal  shall  each  re- 
ceive a salary  of  four  thousand  dollars  i)er  annum,  payable 
monthly  on  their  respective  warrants.  ^ 

The  General  Assembly  shall  provide  by  law  for  the  trial  of 
recused  cases  in  the  courts  of  appeal. 

Art.  lOG.  The  sheriff  of  the  parish  in  which  the  sessions 
of  the  court  are  held,  shall  attend  in  person,  or  by  deputy,  to 
execute  the  orders  of  the  court. 

DISTEICT  COUETS. 

Art.  107.  The  State  shall  be  divided  into  not  less  than 
twenty,  nor  more  than  thirty,  judicial  districts,  the  parish  of 
Orleans  excepted. 

Art.  108.  Until  otherwise  provided  by  law,  there  shall  be 
twenty-six  districts. 

*The  parish  of  Caddo  shall  compose  the  first  district. 

The  parishes  of  Bossier,  Webster  and  Bienville  shall  com- 
liose  the  Second  District. 

The  parishes  of  Claiborne,  Union  and  Lincoln  shall  compose 
the  Third  District. 

*The  number  of  judges  was  increased  to  two  in  tlie  First  District  by  Act  No.  71,  of  1882, 
j».  9.'{. 


30 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


The  parishes  of  Jackson,  Winn  and  Caldwell  shall  compose 
the  Fourth  District. 

*The  parishes  of  Ouachita  and  Kichland  shall  compose  the 
Fifch  District. 

tThe  parishes  of  Morehouse  and  West  Carroll  shall  compose 
the  Sixth  District. 

The  parishes  of  Catahoula  and  Franklin  shall  compose  the 
Seventh  District. 

The  parishes  of  Madison  and  East  Carroll  shall  compose 
the  Eighth  District. 

The  parishes  of  Concordia  and  Tensas  shall  compose  the 
^sinth  District. 

The  parishes  of  DeSoto  and  Eed  Eiver  shah  compose  the 
Tenth  District. 

The  parishes  of  Xatchitoches  and  Sabine  shall  compose  the 
Eleventh  District. 

|The  parishes  of  Eapides,  Grant  and  Avoyelles  shall  com- 
pose the  Twelfth  District. 

The  parish  of  St.  Landry  shall  compose  the  Thirteenth 
District. 

The  parishes  of  Vernon,  Calcasieu  and  Cameron  shall  com- 
j)ose  the  Fouteenth  District. 

The  parishes  of  Poiute  Coupee  and  West  Feliciana  shall 
compose  the  Fifteenth  District. 

The  parishes  of  East  Feliciana  and  St.  Helena  sliall  com- 
pose the  Sixteenth  District. 

The  parish  of  East  Eaton  Eouge  shall  compose  the  Seven- 
teenth District. 

The  parishes  of  Tangipahoa,  Livingston,  St.  Tammany  and 
Washington  shall  compose  the  Eighteenth  District. 

The  parishes  of  St.  Mary  and  Terrebonne  shall  compose  the 
Nineteenth  District. 

The  parishes  of  Lafourche  and  Assumption  shall  compose 
the  Twentieth  District. 


*The  parish  of  Richland  was  detached  from  the  Fifth  District  bv  Act  Ko.  89,  of  1882, 
1»;  111. 

tThe  parish  of  West  Can-oil  was  detached  from  the  Sixth  District  hv  Act  No.  89,  of  188-J, 

p.  111. 

‘The  number  of  judges  in  the  Twelfth  DisUict  was  increased  to  two  by  Act  No.  22,  of 
188-2,  p.  38. 


CONSriTUTION  OF  THE  STATE  OF  LOUISIANA, 


31 


The  parishes  of  St.  Martin  and  Iberia  shall  compose  the 
Twenty-first  District. 

' The  parishes  of  Ascension  and  St.  James  shall  compose  the 
Twenty-second  District. 

The  parishes  of  West  Baton  Bouge  and  Iberville  shall  com- 
l)ose  the  Twenty-third  District. 

The  parishes  of  Plaquemines  and  St.  Bernard  shall  compose 
the  Twenty-fourth  District. 

Ths  parishes  of  Lafayette  and  Vermilion  shall  compose  the 
Twenty-fifth  District. 

The  parishes  of  Jefferson,  St.  Charles  and  St.  John  the  Baj)- 
tist  shall  compose  the  Twenty  sixth  District. 

*The  parishes  ot  West  Crrroll  and  Bichland  shall  compose 
the  Twenty- seventh  District. 

Art.  109.  District  courts  shall  have  original  iurisdiction 
in  all  civil  matters  where  the  amount  in  dispute  shall  exceed 
fifty  dollars,  exclusive  of  interest. 

They  shall  have  unlimited  original  jurisdiction  in  all  criminal, 
probate  and  succession  matters,  and  when  a succession  is  a party 
defendant. 

The  district  judges  shall  be  elected  by  a plurality  of  the 
qualified  voters  of  their  respective  districts,  in  which  they  shall 
have  been  actual  residents  for  two  years  next  preceding  their 
election. 

They  shall  be  learned  in  the  law,  and  shall  have  practiced 
law  in  the  State  for  five  years  previous  to  their  election. 

They  shall 'be  elected  for  the  term  ot  four  years.  All  elec- 
tions to  fill  vacancies  occasioned  by  death,  resignation  or  re- 
moval, shall  be  for  the  unexpired  term,  and  the  Governor  shall 
fi.l  the  vacancy  until  an  election  can  be  held. 

The  judges  of  the  district  court  shall  each  receive  a salary 
of  three  thousand  dollars  per  annum,  x>ayable  monthly  on  their 
respective  warrants. 

Art.  110.  The  General  Assembly  shall  have  power  to  in- 
crease the  number  of  district  judges  in  any  district  whenever 
the  public  business  may  require. 


*ActNo.  87,  of  1882,  p.  111. 


32 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


Art.  111.  The  district  court  shall  have  jurisdiction  of  ap- 
peals from  justices  of  the  peace  in  all  matters  where  the  amount 
in  controversy  shall  exceed  ten  dollars,  exclusive  of  interest. 

Art.  112.  The  General  Assembly  shall  provide  by  law  for 
the  trial  of  recused  cases  in  the  district  courts,  by  the  selection 
of  licensed  attorneys  at  law,  by  an  interchange  or  judges,  or 
otherwise. 

Art.  113.  Wherever  in  this  Constitution  the  qualification 
of  any  justice  or  judge  shall  be  the  previous  practice  of  the  law 
for  a term  of  years,  there  shall  be  included  in  such  term  the 
time  such  justice  or  judge  shall  have  occupied  the  bench  of  any 
court  ^of  record  in  this  State;  he  shall  have  been 

a licensed  attorney  for  five  years  before  his  election  or  appoint- 
ment. 

Art.  114.  ISTo  judge  of  any  court  of  the  State  shall  be  af- 
fected in  his  term  of  office,  salary  or  jurisdiction  as  to  territory" 
or  amount  during  the  term  or  period  for  which  he  w^as  elected 
or  appointed.  Any  legislation  so  affecting  any  judge  or  court 
shall  take  effect  only  at  the  end  of  the  term  of  office  of  the 
judge  or  judges,  incumbents  of  the  court  or  courts  to  which 
such  legislation  may  apply  at  the  time  of  its  enactment.  This 
article  shall  not  affect  the  i)rovisions  of  this  constitution  relative 
to  impeachment  or  removal  from  office. 

Art.  115.  The  district  judges  shall  have  i^ower  to  issue 
wwits  of  habeas  corpus  at  the  instance  of  all  persons  in  actual 
custody  in  their  respective  districts. 

Art.  116.  The  General  Assembly  at  its  first  sessiun  under 
this  constitution  shall  provide  by  general  law  for  the  selection 
of  competent  and  intelligent  jurors,  who  shall  have  capacity  to 
serve  as  grand  jurors  and  try  and  determine  both  civil  and 
criminal  cases,  and  may  provide,  in  civil  cases,  that  a verdict  be 
rendered  by  the  concurrence  of  a less  number  than  the  whole. 

Art.  117.  In  those  districts  conqoosed  of  one  parish,  there 
shall  not  be  less  than  six  terms  of  the  district  court  each  year. 

In  all  other  districts  there  shall  be  in  each  parish  not  less 
than  four  terms  of  the  district  court  each  }^ear,  except  in  the 
parishes  of  Cameron,  Franklin  and'Yernoo,  in  which  there  shall 
not  be  less  than  two  terms  of  the  district  court  each  year. 


CONSTITUTION  OF  THE  STATE  OF  LOUIS  F ANA. 


33 


Until  provided  by  law,  the  terms  of  the  district  court  in 
each  parish  be  fixed  by  a rule  of  said  court,  which  shall  not  be 
changed  without  notice  by  publication  at  least  thirty  days  prior 
to  such  change. 

There  shall  be  in  each  parish  not  less  than  two  jury  terms 
each  year,  at  which  a grand  jury  shall  be  impaneled,  except  in 
the  parishes  of  Cameron,  Franklin  and  Yernon,  in  which  there 
shall  not  be  less  than  one  jury  term  each  year  at  which  a grand 
jury  shall  be  impaneled. 

At  other  jury  terms  the  General  Assembly  shall  provide 
for  special  juries,  when  necessary  for  the  trial  of  criminal  cases. 

SHERIFFS  AND  CORONERS. 

Art.  118.  There  shall  be  a sherift*  and  coroner  elected  by 
the  qualified  voters  of  each  parish  in  the  State,  except  the  par- 
ish of  Orleans,  who  shall  be  elected  at  the  general  elections  and 
hold  office  for  four  years. 

The  coroner  shall  act  for  and  in  place  of  the  sheriff  when- 
ever the  sheriff  shall  be  party  interested,  and  whenever  there 
shall  be  a vacancy  in  the  office  of  sheriff*,  until  such  vacancy 
shall  be  filled ; but  he  shall  not  during  such  vacancy  discharge 
the  duties  of  tax  collector. 

The  sheriff,  except  in  the  parish  of  Orleans,  shall  be  ex- 
officio  collector  of  State  and  parish  taxes. 

He  shall  give  separate  bonds  for  the  faithful  performance  of 
his  duty  in  each  capacity.  Until  otherwise  provided,  the  bonds 
shall  be  given  according  to  existing  laws. 

The  General  Assembly,  after  the  adoption  of  this  constitu- 
tion, shall  pass  a general  law  regulating  the  amount,  form,  con- 
dition and  mode  of  approval  of  such  bonds,  so  as  to  fully  secure 
the  State  and  parish,  and  all  parties  in  interest. 

Sheriff’s  elected  at  the  first  election  under  this  constitution 
shall  comply  with  the  provisions  of  such  law,  within  thirty  days 
after  its  promulgation,  in  default  of  which  the  office  shall  be 
declared  vacant,  and  the  Governor  shall  appoint  for  the  remain- 
der of  the  time. 

Art.  119.  Sheriff’s  shall  receive  compensation  from  the 
parish  tor  their  services  in  criminal  matters  (the  keeping  of 


34 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


prisoners,  conveying  convicts  to  the  Penitentiary,  insane  persons 
to  the  Insane  Asylum,  and  service  of  process  from  another  par- 
ish, and  service  of  process  or  the  performance  of  any  duty  be- 
yond the  limits  of  his  own  parish  excepted),  not  to  exceed  five 
hundred  dollars  per  annum  for  each  Representative  the  parish 
may  have  in  the  House  of  Representatives. 

The  compensation  of  sheriffs  as  tax  collectors  shall  not  ex- 
ceed five  per  cent  on  the  amount  collected  and  paid  over  j pro- 
vided, that  he  shall  not  be  discharged  as  tax  collector  until  he 
makes  proof  that  he  has  exhausted  the  legal  rcimMlics  to  collect 
the  taxes. 

Art.  120.  The  coroner  in  each  parish  shall  be  a doctor  of 
medicine,  regularly  licensed  to  practice,  ard  ox-officio  paribh  phy- 
sician ; provided,  this  article  shall  not  api)ly  to  any  parish  in 
which  there  is  no  regularly  licensed  physician  who  will  accept 
the  office. 

CLERKS. 

Art.  121.  There  shall  be  a clerk  of  the  district  court  in 
each  parish,  the  parish  of  Orleans  excepted,  who  shall  be  ex- 
officio  clerk  of  the  court  of  appeals. 

He  shall  be  elected  by  the  qualified  electors  of  the  parish 
every  four  years;  and  shall  be  ex-officio  parish  record  r of  con- 
veyances, mortgages  and  other  acts,  and  notary  public. 

He  shall  receive  no  compensation  for  his  services  from  the 
State,  or  the  parish,  in  criminal  matters. 

He  shall  give  bond  and  security  for  the  faithful  performance 
of  his  duties,  in  such  amount  as  shall  be  fixed  by  the  General 
A ssembly. 

Art.  122.  The  General  Assembly  shall  have  j)ower  to  vest 
in  clerks  of  courts  authority  to  grant  such  orders,  and  to  do  such 
acts  as  may  be  deemed  necessary  for  the  furtherance  of  the  ad- 
ministration of  justice;  and  in  all  cases,  powers  thus  vested 
shall  be  specified  and  determined. 

Art.  123.  Clerks  of  district  courts  may  appoint,  with  the 
approval  of  the  district  judge,  deputies,  with  such  powers  as 
shall  be  prescribed  by  law;  and  the  General  Assembly  shall 
have  power  to  provide  for  continuing  one  or  more  of  them  in 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


35 


office,  in  the  event  of  the  death  of  the  clerk,  until  his  successor 
shall  have  been  appointed  and  duly  qualified. 

DISTRICT  ATTORNEYS. 

Art.  124.  There  shall  be  a district  attorney  for  each  judi- 
cial district  m the  State,  who  shall  be  elected  by  the  ([ualified 
electors  of  the  judicial  district.  He  shall  receive  a salary  of  one 
thousand  dollars  per  annum,  payable  monthly  on  his  own  war- 
rant, and  shall  hold  his  office  for  four  years.  He  shall  be  an 
actual  resident  of  the  district,  and  a licensed  attorney  at  law  in 
this  State. 

He  shall  also  receive  fees;  but  no  fees  shall  be  allowed  in 
criminal  cases,  except  on  conviciion. 

Any  vacancy  in  the  office  of  district  attorney  shall  be  filled 
by  appointment  by  the  Governor  for  the  uxexpired  term.  There 
shall  be  no  parish  attorney,  or  district  attorney,  j^ro  tempore. 
(This  article  shall  not  apply  tc  the  parish  of  Orleans,) 

JUSTICES  OF  THE  PEACE. 

Art.  125.  In  each  iiarish,  the  parish  of  Orleans  excepted, 
there  shall  be  as  many  justices  of  the  peace  as  may  be  provided 
by  law. 

The  present  number  of  justices  of  the  peace  shall  remain  as 
now  fixed  until  otherwise  provided.  They  shall  be  elected  for 
the  term  of  four  years  by  the  qualified  voters  within  the  territo- 
rial limits  of  their  jurisdiction. 

They  shall  have  exclusive  original  jurisdiction  in  all  civil 
matters  wh*  n the  amount  in  dispute  shall  not  exceed  fifty  dollars, 
exclusive  of  interest,  and  original  jurisdiction  concurrent  with 
the  district  court,  when  the  amount  in  dispute  shall  exceed  fifty 
dollars,  exclusive  of  interest,  and  shall  not  exceed  one  hundred 
dollars,  exclusive  of  interest. 

They  shall  have  no  jurisdiction  in  succession  or  probate  mat- 
ters, or  when  a succession  is  a defendant.  They  shall  receive 
such  fees  or  salary  as  may  be  fixed  by  law. 

Art.  126.  They  shall  have  criminal  jurisdiction  as  com- 
mitting magistrates,  and  shall  have  power  to  bail  or  discharge 
in  cases  not  capital  or  necessarily  punishable  at  hard  labor. 


36 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


CONSTABLES. 

Art.  127.  There  shall  be  a constable  for  the  court  of  each 
justice  of  the  peace  in  the  several  parishes  of  the  State,  the  par- 
ish  of  Orleans  excepted,  who  shall  be  elected  for  the  term  of  four 
years  by  the  qualified  voters  within  the  territorial  limits  of  the 
jurisdiction  of  the  several  justices  of  the  iieace. 

The  compensation,  salaries,  or  fees  of  constables  and  the 
amount  of  their  bonds,  shall  be  fixed  by  the  General  AssembljL 

COUBTS  OF  THE  PALISH  AND  CITY  OF  NEW  ORLEANS. 

Art.  128.  There  shall  be  in  the  parish  of  Orleans  a court 
of  appeals  for  said  parish,  with  exclusive  appellate  jurisdiction 
in  all  matters,  civil  or  probate,  arising  in  said  f>arish,  when  the 
amount  in  dispute  or  fund  to  be  distributed  exceeds  one  hun- 
dred dollars,  exclusive  of  interest,  and  does  not  exceed  two  thous- 
and dollars,  exclusive  of  interest;  said  court  shall  be  presided  over 
by  two  judges  who  sfiall  be  elected  by  the  General  Assembly  in 
joint  session;  they  shall  be  residents  and  voters  of  the  city  of 
New  Orleans,  possessing  all  the  qualifications  necessary  for 
judges  of  circuit  courts  of  appeals  throughout  the  State;  they 
shall  each  receive  an  annual  salary  of  four  thousand  dollars, 
payable  monthly  upon  their  respective  warrants. 

Said  appeals  shall  be  upon  questions  of  law  alone,  in  all 
cases,  involving  less  than  five  hundred  dollars,  exclusive  of  in- 
terest, and  upon  the  law  and  facts  in  other  cases. 

It  shall  sit  in  the  city  of  New  Orleans,  from  the  first  Monday 
of  November  to  the  last  Monday  ot  June  of  each  year. 

It  shall  have  authority  to  issue  writs  of  mandamus^  prohi- 
bition, certiorari  and  habeas  corims  in  aid  of  its  appellate  juris- 
diction. 

Art.  129.  The  provisions  of  this  constitution,  relating  to 
the  term  of  office,  qualifications  and  salary  of  the  judges  of  the 
circuit  courts  of  appeal  throughout  the  State,  and  the  manner 
of  proceeding  and  determining  causes  as  applicable  to  such  cir- 
cuit courts  of  appeal,  shall  apply  to  this  court  and  its  judges, 
in  so  far  as  such  provisions  are  not  in  conflict  with  the  provis- 
ions specially  relating  to  said  court  and  its  judges. 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


37 


Said  Court  of  Appeals  shall  have  jurisdiction  of  all  causes 
now  pending  on  appeal  from  the  parish  ot  Orleans  before  the 
Supreme  Court  of  the  State  where  the  amount  in  dispute  or  fund 
to  be  distributed  is  less  than  one  thousand  dollars,  exclusive  of 
interest,  and  the  Supreme  Court  shall  at  once  transfer  said 
causes  to  the  Court  of  Appeals. 

Art.  130.  For  the  parish  of  Orleans  there  shall  be  two 
district  courts  and  no  more.  One  of  said  courts  shall  be  known 
as  the  Civil  District  Court  for  the  parish  of  Orleans;  and  the 
other  as  the  Criminal  District  Court  for  the  parish  of  Orleans. 
The  former  shall  consist  of  not  less  than  five  judges,  and  the 
latter  not  less  than  two  judges  having  the  qualifications  pres- 
cribed tor  district  judges  throughout  the  State.  The  said  judges 
shall  be  appointed  by  the  Governor  by  and  with  the  advice  and 
consent  of  the  Senate,  for  the  term  of  eight  years.  The  first  ap- 
pointment shall  be  made  as  follows:  Three  judges  of  the  Civil 

District  Court  for  four  years  and  two  judges  for  eight  years.  One 
judge  of  the  Criminal  District  Court  for  four  years  and  one  for 
eight  years,  the  terms  to  be  designated  in  their  commissions. 

The  said  judges  shall  receive  each  four  thousand  dollars  per 
annum.  Said  Civil  District  Court  shall  have  exclusive  and 
general  probate,  and  exclusive  civil  jurisdiction  in  all  cases 
when  the  amount  in  dispute  or  to  be  distributed  exceeds  one  hun- 
dred (1100)  dollars  exclusive  of  interest,  and  exclusive 
apimllat  jurisdiction  from  the  city  courts  of  the  parish  of 
Orleans,  when  the  amount  in  dispute  exceeds  twenty-five  dollars 
exclusive  of  interest.  All  causes  filed  in  said  court 
shall  be  equally  alotted  and  assigned  among  said  judges, 
in  accordance  with  rules  of  court  to  be  adopted  for  the  purpose. 
In  case  of  recusation  of  any  judge  in  any  cause,  such  cause  shall 
be  reassigned,  or  in  case  of  absence  from  the  parish,  sickness 
or  the  disability  of  the  judge  to  whom  said  cause  may  have  been 
assigned,  any  jndge  of  said  court  may  issue  or  grant  conserva- 
tory writs  or  orders.  In  other  respects  each  judge  shall  have 
exclusive  control  over  every  cause  assigned  to  him  from  its 
inception  to  its  final  determination  in  said  court  The  Criminal 
District  Court  shall  have  criminal  jurisdiction  only. 
All  prosecutions  instituted  in  said  court  shall  be  equally 


38 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


apportioned  between  said  judges  by  lot.  Each  judge,  or  his 
successor,  shall  have  exclusii^e  control  over  ever*y  cause  falling 
to  him  from  its  inception  to  its  final  determ  nation  in  said  court. 
In  case  of  vacancy  or  recusation  causes  assigned  shall  be  reas- 
signed under  order  of  court. 

Art.  131.  The  General  Assembly  may  increase  the  number 
of  judges  of  the  Civil  District  Court,  not,  however,  to  exceed 
nine  judges,  and  the  number  of  the  criminal  judges  not  to  exceed 
three. 

Art.  132.  The  Court  of  Appeals  and  the  Civil  and  Crimi- 
nal District  Courts  for  the  parish  of  Orleans  shall  respectively 
regulate  the  order  of  jireference  and  trial  of  causes  pend- 
ing, and  adopt  other  rules  to  govern  the  proceedings  therein, 
not  in  conflict  with  Ihe  provisions  of  law. 

Art.  133.  The  Civil  District  Court  for  the  parish  of  Or- 
leans shall  select  a solvent  incorporated  bank  of  the  city  of  New 
Orleans  as  a judicial  depository.  Therein  shall  be  deposited  all 
moneys,  notes,  bonds  and  securities  (except  such  notes  or  docu 
ments  as  may  be  filed  with  suits  or  in  evidence,  which  shall  be 
kept  by  the  clerk  of  court),  so  soon  as  the  same  shall  come  into 
the  hands  of  any  sheriff  or  clerk  of  court;  such  deposits  shall 
be  removable,  in  Avhole  or  in  part,  only  upon  order  of  court. 
The  oflicer  makiug  such  deposits  shall  make  immediate  and 
written  return  to  the  court  of  the  date  and  particulars  thereof, 
to  be  filed  in  the  cause  in  which  the  matter  is  pending,  under 
penalties  to  be  prescribed  by  law. 

Art.  134.  There  shall  be  a district  attorney  for  the  xiarish 
of  Orleans,  who  shall  x^ossess  the  same  qualifications  and  be 
elected  in  the  same  manner  and  for  the  same  x^eriod  of  time  as 
the  district  attorneys  lor  other  x^^n’ishes,  as  provided  by  this 
constitution. 

He  shall  receive  a sa’ary  of  one  thousand  dollars  per  annum 
and  such  fees  as  may  be  allowed  by  law;  but  no  fee  shall  be  al- 
lowed in  criminal  cases  exeunt  on  conviction. 

He  may  appoint  an  ajs&istant  at  a salary  not  to  exceed  fif- 
teen hundred  dollars  per  annum. 

Art.  135.  There  shall  be  in  the  city  of  New  Orleans  four 
city  courts,  one  of  which  shall  be  located  in  that  portion  of  the 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


39 


city  on  the  right  bank  of  the  Mississippi  river,  presided  over  by 
judges  having  all  the  qualifications  required  for  a district  judge, 
and  shall  be  elected  by  the  qualified  voters  for  the  term  of  four 
years;  they  shall  have  exclusive  jurisdiction  over  all  sums  not 
exceeding  one  hundred  dollars,  exclusive  of  interest,  subject 
to  an  appeal  to  the  Civil  District  Court  when  the  amount  claimed 
exceeds  twenty-five  dollars,  exclusive  of  interest.  The  General 
Assembly  shall  regulate  the  salaries,  territorial  division  of  jur- 
isdiction, the  manner  of  executing  their  process,  the  fee  bill,  and 
proceedings  which  shall  govern  them;  they  shall  have  authority 
to  execute  commissions,  to  take  testimony  and  receive  therefor 
such  fees  as  may  be  allowed  by  law. 

The  General  Assembly  may  increase  the  number  of  city 
courts  for  the  said  parish,  not  to  exceed  eight  in  all,  until  other- 
wise provided  by  law.  Each  of  said  courts  shall  have  one 
clerk,  to  be  elected  for  the  term  of  four  years  by  the  qualified 
voters  of  the  parish,  who  shall  receive  a salary  of  twelve  hun- 
dred dollars  per  annum,  and  no  more,  and  whose  qualifications, 
bond  and  duties  shall  be  regulated  by  law. 

Art.  13G.  The  General  assembly  may  provide  for  police  or 
magistrates’  courts,  but  such  courts  shall  not  be  vested  with 
jurisdiction  beyond  the  enforcement  of  municif>al  ordinances  or 
as  committing  magistrates. 

Art.  137.  There  shall  be  one  clerk  for  the  Civil  District 
Court  and  one  for  the  Criminal  District  Court  of  the  parish  of 
Orleans.  The  former  shall  be  ex-officio  clerk  of  the  Court  of  A^)- 
peals  of  said  parish.  Said  clerks  shall  be  removable  in  the  man- 
ner provided  for  the  removal  of  the  sheriffs  of  said  parish.  The 
Clerk  of  said  Civil  District  Court  shall  receive  an  annual  salary 
of  three  thousand  six  hundred  dollars,  and  no  more;  and  the 
clerk  of  the  Criminal  Court  an  annual  salary  of  three  thousand 
dollars,  and  no  more,  both  payable  on  their  warrants.  They 
shall  be  elected  by  the  qualified  voters  of  the  parish  for  the  term 
of  four  years. 

The  amount  and  character  of  the  bonds  and  qualification  of 
Ihe  sureties  to  be  furnished  by  said  clerks  shall  be  prescribed  by 
law. 

Art.  138.  The  Court  of  Appeals  and  each  judge  of  the  Civil 


40 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


and  Criminal  District  Court  of  the  parish  of  Orleans  shall  ap- 
point a minute  clerk  at  an  annual  salary  of  not  more  than 
eighteen  hundred  dollars,  whose  duties  shall  be  regulated  by 
law.  Each  clerk  of  court  shall  appoint,  by  and  with  the  consent 
of  the  district  court  of  which  he  is  clerk,  such  deputies  as  may 
be  necessary  to  perform  officially  the  duties  of  said  office,  at  sal- 
aries to  be  fixed  by  law.  He  shall  be  responsible  for  the  said 
deputies,  and  may  require  from  each  such  security  as  he  may 
deem  sufficient  to  secure  himself,  and  said  deputies  shall  be 
removable  at  his  pleasure. 

Art.  139.  There  shall  be  a civil  and  a criminal  sheriff  for 
the  parish  of  Orleans.  The  civil  sheriff  shall  be  the  executive 
officer  of  all  the  civil  courts,  (except  city  courts;)  and  the  criminal 
sheriff  shall  be  the  executive  officer  of  the  Criminal  District 
Court. 

They  shall  attend  the  sittings,  execute  Ihe  writs  and  man- 
dates of  their  respective  courts.  They  shall  be  elected  by  the 
voters  of  the  parish  of  Orleans  every  four  years.  They  shall  be 
citizens  of  the  State,  residents  and  voters  of  the  city  of  ]Ne\v  Or- 
leans, at  least  twenty-five  years  of  age,  and  shall  be  removable 
each  by  the  district  court  of  which  he  is  the  executive  officer, 
upon  proof  after  trial,  without  jury,  of  gross  or  continued  neg- 
lect, incompettiicy  or  unlawful  conduct,  operating  injury  to  the 
court  or  any  individual.  The  two  district  courts  for  the  parish 
of  Orleans  shall  immediately  upon  organization  under  this  con- 
stitution, in  joint  session,  adopt  rules  governing  the  lodging  of 
complaints  against  and  the  trial  of  such  officers;  and  such  rules 
once  adopted,  shallnotbe  changed,  except  by  the  unanimous  con- 
sent of  all  the  judges  composing  the  said  courts. 

Art.  140.  The  civil  sheriff  of  the  parish  of  Orleans  shall 
receive  such  fees  as  the  General  Assembly  may  fix.  He  shall 
render  monthly  accounts,  giving  amounts  and  dates,  number 
and  title  of  causes  wherein  received  or  paid  out,  of  all  sums  col- 
lected and  disbursed  by  him,  which  shall  be  filed  in  the  Civil 
District  Court  of  said  parish  and  form  a part  of  its  public 
records. 

He  shall  be  responsible  to  the  State  for  all  profits  of  said 
office  over  ten  thousand  dollars  per  annum,  and  shall  settle  with 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


41 


the  State  at  least  once  a year  in  such  manner  as  the  General 
Assembly  may  provide. 

The  criminal  sheriff  shall  receive  an  annual  salary  of  thirty- 
six  hundred  dollars  and  no  more.  He  shall  receive  no  other 
compensation.  He  shall  charge  and  collect  for  the  State  from 
parties  convicted  such  fees  and  charges  as  may  be  fixed  by  law 
and  shall  render  monthly  accounts  of  the  same. 

Art.  141.  Said  sheriffs  shall  appoint,  each  with  the  consent 
and  approval  of  the  district  court  which  he  serves,  such  a num- 
ber of  deputies  as  the  said  court  may  find  necessary  lor  the 
proper  expedition  of  the  public  business,  at  such  salaries  as  may 
be  fixed  by  law.  Each  sheriff  shall  be  responsible  for  his  depu- 
ties, and  may  remove  them  at  pleasure  and  fill  vacancies  with  the 
approval  of  the  court,  and  may  exact  from  all  deputies  security 
in  such  manner  and  amount  as  such  sheriff  may  deem  necessary. 

Art.  142,  The  civil  sheriff  for  said  parish  shall  execute  a 
bond  with  sureties,  residents  of  said  parish,  conditioned  tor  the 
lawful  and  faithful  performance  of  the  duties  of  his  office,  in  the 
sum  of  fifty  thousand  dollars.  The  sureties  shall  be  examined 
in  open  court  by  the  judges  of  the  Civil  District  Court  for  the 
parish  ot  Orleans,  and  the  questions  and  answers  shall  be  re- 
duced to  writing  and  form  a portion  of  the  records  ot  said  court. 

A similar  bond  shall  be  executed  by  the  criminal  sheriff  of 
said  iDarish  in  the  sum  of  ten  thousand  dollars,  with  sureties  to 
be  examined  and  approved  as  to  solvency  by  the  Criminal  Dis- 
trict Court  ot  said  parish,  as  herein  directed  for  the  Civil  Dis- 
trict Court  of  said  parish  in  the  case  of  the  civil  sheiiff*. 

Art.  143.  There  shall  be  one  constable  for  each  city  court 
of  the  parish  of  Orleans,  who  shall  be  the  executive  otlicer  of  such 
court.  He  shall  be  elected  by  the  (jualified  voters  of  the  parish 
of  Orleans  for  the  term  of  four  years.  The  General  Assembly 
shall  define  his  qualifications  and  fix  his  compensation  and 
duties,  and  shall  assimilate  the  same  so  far  as  practicable  to  the 
provisions  ot  this  constitution  relating  to  the  civil  sheriff  of  said 
parish.  The  judges  of  the  city  courts  shall  sit  in  bane  to  exam- 
ine such  bonds,  try  and  remove  constables  and  adopt  rules  reg- 
ulating such  trial  and  removal.  They  shall  in  such  proceedings, 
be  governed  so  far  as  practicable  by  the  provisions  of  this  con- 


42 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


stitution  regulating  the  proceedings  of  the  district  courts  of  tlie 
parish  of  Orleans  in  the  case  of  the  sheriffs  of  said  parish. 

Art.  144.  There  shall  be  a register  of  conveyances  and  a 
recorder  of  mortages  for  the  parish  of  Orleans,  who  shall  be 
elected  by  the  qualified  electors  of  said  parish  every  four  years ^ 
The  register  of  conveyances  shall  receive  an  annual  salary  of 
twenty-five  hundred  dollars  and  no  more,  and  said  recorder  of 
mortgages  an  annual  salary  of  four  thosand  dollars  and  no  more. 
The  General  Assembly  shall  regulate  the  qualifications  and  du- 
ties of  said  officers  and  the  number  of  employes  they  shall  ap- 
point, and  fix  the  salaries  of  such  employes,  not  to  exceed 
eighteen  hundred  dollars  per  annum  for  each. 

Art.  145.  The  General  Assembly,  at  its  first  session  after 
the  adoption  of  this  constitution,  shall  enact  a fee  bill  for  the 
clerks  of  the  various  courts,  including  the  city  courts,  sitting  in 
New  Orleans,  and  for  tlie  civil  and  criminal  sheriffs,  constables, 
register  of  conveyances  and  recorder  of  mortgages  of  said  parish. 
In  the  same  act  provision  shall  be  made  for  a system  of  stamps 
or  stamped  paper  for  the  collection  by  the  State,  and  not  by  said 
officers,  of  such  fees  and  eharges,  so  far  as  clerks  of  courts,  reg- 
ister of  conveyances  and  recorder  of  mortgages  are  concerned. 

Art.  140.  All  fees  and  charges  fixed  by  law  for  the  various 
civil  courts  of  the  parish  of  Orleans,  and  for  the  register  of  convey- 
ances and  recorder  of  mortgages  of  said  parish  shall  enure  to  the 
State,  and  all  sums  realized  therefrom  shall  be  set  aside  and 
held  as  a special  fund,  out  of  which  shall  be  paid  by  preference 
the  expenses  of  the  clerk  of  the  civil  district  court,  the  clerks  of 
the  city  courts,  the  register  of  conveyances  and  the  recorder  of 
of  mortgages  of  the  parish  ot  Orleans^  provided^  that  the 
State  shall  never  make  any  payment  to  any  sheriff,  clerk,  regis- 
ter of  conveyances  or  recorder  of  ziortgages  of  the  parish  of 
Orleans,  or  any  of  their  deputies  for  salary  or  other  expenses  of 
their  respective  offices,  except  from  the  special  fund  provided 
lor  by  this  article,  and  any  appropriation  made  contrary  to  this 
provision  shall  be  null  and  void. 

Art.  147.  There  shall  be  one  coroner  for  tlie  ]>arish  of  Or- 
leans, who  shall  be  elected  every  four  years  by  the  qualified 
electors  of  said  parish,  and  whose  duties  shall  be  regulated  by 


CONSTITUriON  OF  THE  STATE  OF  LOUISIANA. 


43 


law.  He  shall  be  ex-officio  city  physician  of  the  city  of  New 
Orleans  and  receive  an  annual  salary  of  five  thousand  dollars,  and 
no  more.  He  shall  be  a practicing  physician  of  said  city,  and  a 
graduate  of  the  medical  department  of  some  university  of  res 
pectable  standiug.  He  may  appoint  an  assistant  having  the 
same  qualifications  as  himself,  at  an  annual  salary  not  exceed- 
ing three  thousand  dollars.  The  salaries  of  both  coroner  and 
assistant  to  be  paid  by  the  parish  of  Orleans. 

The  maintenance  and  support  of  prisoners  confined  in  the 
parish  of  Orleans,  upon  charges  or  conviction  for  criminal 
offenses,  shall  be  under  the  control  of  the  city  ot  New  Orleans. 

CxENERAL  PROVISIONS. 

Art.  148.  No  person  shall  hold  any  office,  State,  parochial 
or  muLicipal,  or  shall  be  permitted  to  vote  at  any  election  or  act 
as  a juror,  who,  in  due  course  of  law,  shall  have  been  convicted 
of  treason,  perjury,  forgery,  bribery  or  other  crime  punishable 
by  imprisonment  in  the  penitentiary,  or  who  shall  be  under  in- 
terdiction. 

Art.  149.  Members  of  the  General  Assembly  and  all  offi- 
cers, before  they  enter  uj^on  the  duties  of  their  offices,  shall  take 
the  following  oath  or  aftirmation  : 

“I  (A.  B.)  do  solemnly  swear  (or  affirm)  that  I will  support 
the  constitution  and  laws  of  the  United  States,  and  the  consti- 
tution and  laws  of  this  State ; and  that  I will  faithfully  and  im- 
partially discharge  and  perform  all  the  duties  incumbent  upon 
me  as according  to  the  best  of  my  ability  and  under- 

standing. So  help  me  God.” 

Art.  150.  The  seat  of  government  shall  be  and  remain  at 
the  city  of  Baton  Rouge. 

The  General  Assembly,  at  its  first  session  after  the  adoption 
of  this  constitution,  shall  make  the  necessary  appropriation  for 
the  repair  of  the  State  House  and  for  the  transfer  of  the  archives 
of  the  State  to  Baton  Rouge ; and  the  city  council  of  Baton 
Rouge  is  hereby  authorized  to  issue  certificates  of  indebtedness, 
in  such  manner  and  form  as  to  cover  the  subscription  of  thirty- 
five  thousand  dollars,  tendered  by  the  citizens  and  the  city 
council  in  said  city  to  aid  in  repairing  the  Capitol  in  said  city  ; 


44 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


provided^  the  city  of  Batou  Eoage  shall  pay  into  the  State  treas- 
ury said  amount  of  thirty-five  thousaud  dollars  before  the  con- 
tract for  the  repairs  of  the  State  House  be  finally  closed. 

Art.  151.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  it,  or  adhering  to  its  enemies,  giving  them 
aid  and  comfort.  Xo  person  shall  be  convicted  of  treason  except 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
his  confession  in  open  court. 

Art.  152.  All  civil  officers  shall  be  removable  by  an  ad- 
dress  of  two  thirds  of  the  members  elected  to  each  house  of  the 
General  Assembly,  except  those  whose  removal  is  otherwise 
provided  for  by  this  constitution. 

Art.  153.  Xo  member  of  congress  nor  person  holding  or 
exercising  any  office  of  trust  or  profit  under  the  United  States, 
or  either  ot  them,  or  under  any  foreign  power,  shall  be  eligible 
as  a member  of  the  General  Assembly,  or  hold  or  exercise  any 
office  of  trust  or  profit  under  the  State. 

Art.  154.  The  laws,  public  records  nnd  the  judicial  and 
legislative  written  proceedings  of  the  State  shall  be  promulgated, 
preserved  and  conducted  in  the  English  language;  but  the  Gen- 
eral Assembly  may  provide  for  the  publication  of  the  laws  in  the 
French  language,  and  prescribe  that  judicial  advertisements  in 
certain  de  ignated  cities  and  parishes  shall  also  be  made  in  that 
language. 

Art.  155.  No  cj?  post  facto  law,  nor  any  law  impairing  the 
obligations  of  contracts,  shall  be  jiassed;  nor  vested  rights  be 
divested,  unless  for  purposes  of  public  utility  and  for  adequate 
compensation  i3reviously  made. 

Art.  15G.  Private  property  shall  not  be  taken  nor  dam- 
aged, for  public  purposes  without  just  and  adequate  compensation 
being  first  paid. 

Art.  157.  No  power  of  suspending  the  laws  of  this  State 
shall  be  exercised,  unless  by  the  General  Assembly  or  its  au- 
thority. 

Art.  158.  The  General  Assembly  shall  ])rovide  by  law  for 
change  of  venue  in  civil  and  criminal  cases. 

Art.  159.  No  jierson  shall  hold  or  exercise,  at  the  same 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


45 


time,  more  than  one  office  of  trust  or  profit,  except  that  of  jus- 
tice of  the  peace  or  notary  public. 

Art.  160.  The  General  Assembly  may  determine  the  mode 
of  filling  vacancies  in  all  offices  for  which  provisions  is  not  made 
in  this  constitution. 

Art.  IGI.  All  officers  shall  continue  to  discharge  the  duiies 
of  their  offices  until  their  successors  shall  have  bern  inducted 
into  office,  except  in  case  of  impeachment  or  suspension. 

Art.  162.  The  military  shall  be  in  subordination  to  the 
civil  power,  and  no  soldier  shall,  iu  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the  owner. 

Art.  163.  The  General  Assembly  small  make  it  obligatory 
upon  each  parish  to  support  all  infirm,  sick  and  disabled  i)au- 
pers  residing  within  its  limits;  provided^  that  in  every  municipal 
corporation  in  a parish  where  the  powers  of  the  police  jury  do 
not  extend,  the  said  corporation  shall  support  its  own  infirm, 
sick  and  disabled  paupers. 

Art.  164.  No  soldier,  sailor  or  marine  in  military  or  naval 
service  of  the  United  States  shall  hereafter  acquire  a domicile 
in  this  State  by  reason  of  being  stationed  or  doing  duty  in  the 
same. 

Art.  165.  It  shall  be  the  duty  of  the  General  Assembly  to 
pass  such  laws  as  may  be  proper  and  necessary  to  decide  differ- 
ences by  arbitration. 

Art.  166.  The  power  of  the  courts  to  punish  for  contempt 
shall  be  limited  by  law. 

Art.  167.  The  General  Assembly  shall  have  authority  to 
grant  lottery  charters  or  privileges  ; provided^  each  charter  or 
privilege  shall  pay  not  less  than  forty  thousand  dollars  per  an- 
num in  money  into  the  treasury  of  the  State ; and  provided  Jur- 
tlier^  that  all  charters  shall  cease  and  expire  on  the  first  of  Jan- 
uary, 1895,  from  which  time  all  lotteries  are  iirohibited  in  the 
State. 

The  forty  thousand  dollars  per  annum  now  provided  by  law 
to  be  paid  by  the  Louisiana  State  Lottery  Company,  according 
to  the  provisions  of  its  charter,  granted  in  tbe  year  1868,  shall 
belong  to  the  Charity  Hospital  of  New  Orleans,  and  the  charter 
of  said  company  is  recognized  as  a contract  binding  on  the  State 


46 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


for  the  period  therein  specified,  except  its  monopoly  clause, 
which  is  hereby  abrogated,  and  all  laws  contrary  to  the  pro- 
visions of  this  article  are  hereby  declared  null  and  void;  pro- 
vided,  said  company  shall  file  a written  renunciation  of  all  its 
monopoly  features,  in  the  office  of  the  Secretary  of  State,  within 
sixty  days  after  the  ratification  of  this  constitution. 

Of  the  additional  sums  raised  by  license  on  lotteries,  the 
hospital  at  Shreveport  shall  receive  ten  thousand  dollars  an- 
nually, and  the  remaining  sum  shall  be  divided  each  year  among 
the  several  parishes  in  the  State  for  the  benefit  of  their  schools. 

Art.  168.  In  all  proceedings  of  indictments  for  libel,  the 
truth  thereof  may  be  given  in  evidence.  The  jury  in  all  crimi 
nal  cases  shall  be  judges  of  the  law  and  of  the  tacts  oh  the  ques- 
tion of  guilt  or  innocence,  having  been  charged  as  to  the  law 
applicable  to  the  case  by  the  presiding  judge. 

Art.  169.  No  officer  wdiose  salary  is  fixed  by  the  Constitu- 
tion shall  be  allowed  any  fees  or  perquisites  of  office,  excejd 
where  otherwise  provided  for  by  this  Constitution. 

Art.  170.  The  regulation  of  the  sale  of  alcoholic  or  spirit- 
uous liquor  is  declared  a police  regulation,  and  the  General  As- 
sembly may  enact  laws  regulating  their  sale  and  use. 

Art.  171.  No  person  who,  at  any  time,  may  have  been  a 
collector  of  taxes,  whether  State,  parish  or  municipal,  or  who 
may  have  been  otherwise  intrusted  with  public  money,  or  any 
portion  thereof,  shall  be  eligiblrt  to  the  General  Assembly,  or  to 
any  office  of  honor,  profit -or  trust  under  the  State  government, 
or  any  parish  or  municipality  thereof,  until  he  shall  have  ob- 
tained a discharge  for  the  amount  of  such  collections,  and  for  all 
public  moneys  with  which  he  may  have  been  intrusted. 

Art.  3 72.  Gambling  is  declared  to  be  a vice,  and  the  Gen- 
eral Assembly  shall  enact  laws  for  its  suppression. 

Art.  173.  Any  person  who  shall  directly  or  indiiectly  offer 
or  give  any  sum  or  sums  of  money,  bribe,  present,  reward,  prom 
ise,  or  any  other  thing,  to  any  officer.  State,  parochial  or  munic- 
ipal, or  to  anv  member  or  officer  of  the  General  Assembly,  with 
the  intent  to  induce  or  infiuence  such  officer  or  member  of  the 
General  Assembly  to  appoint  any  person  to  office,  to  vote  or  ex- 
ercise any  power  in  him  vested,  or  to  perform  any  duty  of  him 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


47 


required,  with  par  iality  or  favor,  the  ptrsin  giving’,  or  offering 
to  give,  and  the  officer  or  member  ot  the  General  Assembly  so 
receiving  any  money,  bribe,  present,  reward,  promise,  contract, 
obligation  or  security,  with  the  intent  or  for  the  purpose  or  con- 
sideration aforesaid,  shall  be  guilty  of  bribery,  and  on  being 
found  guilty  thereof  by  any  court  of  competent  jurisdiction,  or 
by  either  House  of  the  General  Assembly  of  which  he  may  be  a 
member  or  officer,  shall  be  forever  disqualified  from  holding  any 
office.  State,  parochial  or  municipal,  and  shall  be  ferever  ineligi- 
ble to  a seat  in  the  General  Assembly  5 'provided^  that  this  shall 
not  be  so  construed  as  to  prevent  the  General  Assembly  from 
enacting  additional  penalties. 

Art.  174.  Any  person  may  be  coispelled  to  testify  in  any 
lawful  iiroceeding  against  any  one  who  may  be  charged  with 
having  committed  the  offense  of  bribery,  and  shall  not  be  per- 
mitted to  withhold  his  testimony  upon  the  ground  that  it  may 
criminate  him  or  subject  him  to  public  infamy  : but  such  testi- 
mony shall  not  afterwards  be  used  against  him  in  any  judicial 
proceedings,  except  for  perjury  in  giving  such  testimony. 

Art.  175.  The  General  Assembly  shall,  at  its  first  session, 
liass  laws  to  protect  laborers  on  buildings,  streets,  roads,  rail- 
roads, canals  and  other  similar  works,  against  tlio  failure  of  con- 
traetors  and  sub-contractors  to  pay  their  current  wages  when 
due,  and  to  make  the  corpoiatiou,  company  or  individual  for 
whose  benefit  the  work  is  done  responsible  for  their  ultimate 
payment. 

Art.  170.  No  ijiortgage  or  privilege  on  immovable  property 
shall  affect  third  persons,  unless  recorded  or  registered  in  the 
parish  where  the  property  is  situated,  in  the  manner  and  within 
the  time  as  is  now  or  may  be  prescribed  by  law,  except  privi-^ 
leges  for  expenses  of  last  illness,  and  privileges  for  taxes.  State, 
liarish  or  municipal ; provided^  such  privileges  shall  lapse  in 
three  years. 

Art.  177.  Privileges  on  movable  i)roperty  shall  exist  with- 
out registration  for  the  same,  except  in  such  cases  as  the  General 
Assembly  may  prescribe  by  law,  after  the  adojition  of  this  con- 
stitution. 


4 


48 


COxNS'l  ITUTION  OF  THE  STATE  OF  LOUISIANA. 


Aet.  178.  The  General  Assembly  shall  provide  for  the  inter- 
est of  State  medicine  in  all  its  departments,  for  tln^  j)rotection 
of  the  people  from  unqualified  practitioners  of  medicine;  for 
protecting  confidential  communications  to  medical  men  by 
their  patients  while  under  professional  treatment,  and  for  the 
purpose  of  such  treatment;  and  for  the  establishment  and  mainte- 
nance of  a State  Board  of  Health. 

Art.  179.  The  Geperal  Assembly  shall  create  a Bureau  of 
Agriculture,  define  its  objects,  designate  its  officers  and  fix  their 
salaries,  at  such  time  as  the  financial  condition  of  the  State  may 
warrant  them,  in  their  Judgment,  in  making  such  expenditures; 
provided,  that  such  expenditures  never  exceed  ten  thousand  dol- 
lars per  annum. 

THE  KEW  CANAL  AND  SHELL  LOAD. 

Art.  180.  The  New  Basin  Canal  and  Shell  Koad,  and  their 
appurtenances  shall  not  be  leased  or  alienated. 

MILITIA. 

Art.  181.  TheGenei  al  Assembly  shall  have  authority  to 
provide  by  law  how  the  militia  of  this  State  shall  be  organized, 
officered,  trained,  armed  and  equipped,  and  of  whom  it  shall 
consist. 

Art.  182.  The  officers  and  men  of  the  militia  and  volunteer 
forces  shall  receive  no  pay,  rations  or  emoluments  when  not  in 
active  service  by  authority  of  the  State. 

Art.  188.  The  General  Assembly  may  exempt  from  mili- 
tary service  those  who  belong  to  religious  societies,  whose  tenets 
forbid  them  to  bear  arms ; provided,  a money  equivalent  for 
these  services  shall  be  exacted.  The  Governor  shall  have  power 
to  call  the  militia  into  active  service  for  the  preservation  of  law 
and  order,  or  when  the  public  service  may  require  it;  provided^ 
that  the  ])olice  force  of  any  city,  town  or  parish  shall  not  be  or- 
ganized or  used  as  a part  of  the  State  militia. 

SUFFRAGE  AND  ELECTIONS. 

Art.  181.  In  all  elections  by  the  people  the  electors  shall 


COXSTlTUTluN  OF  THE  STATE  OF  LOU  [JANA 


49 


vote  by  ballot;  aud  in  all  electious  by  i^ersons  in  a representa- 
tive capacity,  the  vote  shall  be  viva  voce. 

Art.  185.  Every  male  citizen  of  the  United  States,  and 
every  male  x>erson  of  foreign  birth  who  has  been  naturalized,  or 
who  may  have  legally  declared  his  intention  to  become  a citizen 
of  the  United  States  before  he  offers  to  vote,  who  is  twenty-one 
years  old  or  ui)wards,  possessing  the  following  qualihcations, 
shall  be  an  elector,  aud  sha'l  be  entitled  to  vote  at  any  election 
by  the  people,  except  as  hereinafter  provided : 

1.  He  shall  be  an  actual  resident  of  the  State  at  least  one 
year  next  preceding  the  election  at  which  he  offers  to  vote. 

2.  He  shall  be  an  actual  resident  of  the  parish  in  which  he 
ofters  to  vote  at  least  six  months  next  preceding  the  election. 

3.  He  shall  be  an  actual  resident  of  the  ward  or  precinct  in 
which  he  offers  to  vote  at  least  thirty  days  next  preceding  the 
election. 

Art.  18(1.  The  General  Assembly  shall  provide  by  law  for 
the  proper  enforcement  of  the  i3rovisious  of  the  foregoing  article; 
2)rovided,  that  in  the  parish  of  Orleans  there  shall  be  a supervisor 
of  registration,  who  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  whose  term  of  office 
shall  be  for  the  period  of  four  years,  and  whose  salary,  qualifica- 
tions at  d duties  shall  be  prescribed  by  law.  And  the  General 
Assembly  may  provide  lor  the  registration  of  voters  in  the  other 
parishes. 

Art.  187.  The  following  x)ersons  shall  not  be  permitted  to 
register,  vote  or  hold  any  office  or  appointment  of  honor,  profit  or 
trust  in  this  State,  to-wit: 

Those  who  shall  have  been  convicted  of  treason,  embezzle- 
ment of  public  funds,  malfeasance  in  office,  larceny,  bribery,  ille- 
gal voting  or  other  crime  punishable  by  hard  labor  or  imprison- 
ment in  the  penitentiary,  idiots  and  insane  persons. 

Art.  188.  No  qualification  of  any  kind  for  suftrage  or  office, 
nor  any  restraint  upon  the  same,  on  account  of  race,  color  or 
previous  condition  shall  be  made  by  law. 

Art.  189.  Electors  shall  in  all  cases  except  for  treason, 
felony  and  breach  of  the  peace,  be  privileged  from  arrest  during 


50 


CONSTirUTIOX  OF  THE  STATE  OF  LOUISIANA. 


their  attendance  on  elections,  and  in  going  to  and  returning 
from  the  same. 

Art.  190.  The  General  Assembly  shall  by  law  forbid  the 
giving  or  selling  of  intoxicating  drinks,  on  the  day  of  election, 
within  one  mile  of  precincts,  at  any  election  held  within  this 
State.  ^ 

Art.  191.  Until  otherwise  provided  by  law,  the  general 
State  election  shall  be  held  once  every  four  years  on  the  Tuesday 
next  following  the  third  Monday  in  April. 

Presidential  electors  and  member  of  Congress  shall  be  chosen 
or  elected  in  the  manner  at  the  time  prescribed  by  law. 

Art.  192.  Parochial  and  the  municipal  elections  in  the 
cities  of  New  Orleans  and  Shreveport  shall  be  held  on  the  same 
tTTy  as  the  general  State  election  and  not  oftener  than  once  in 
four  years. 

Art.  193.  For  the  purpose  of  voting,  no  person  shall  be 
deemed  to  have  gained  a residence,  by  reason  of  his  presence,  or 
lost  it  by  reason  of  his  absence,  while  employed  in  the  service, 
either  civil  or  military,  of  this  State  or  of  the  United  States ; nor 
while  engaged  in  the  navigation  of  the  waters  of  the  State  or 
the  United  States,  or  of  the  high  seas,  nor  while  a student  of 
any  institution  of  learning. 

Art.  191.  The  General  Assembly  shall  provide  by  law  for 
the  trial  and  determination  of  contested  elections  of  all  i^ublic 
officers,  whether  State,  judicial,  parochial  or  municipal. 

Art.  195.  No  person  shall  be  eligible  to  any  office.  State, 
Judicial,  parochial,  municipal  or  ward;  who  is  not  a citizen  of 
this  State  and  a duly  qualified  elector  of  the  State,  judicial  dis- 
trict, parish,  municipality  or  ward,  wherein  the  functions  of  said 
office  are  to  be  exercised.  And,  whenever  any  officer.  State, 
judicial,  parochial,  municipal  or  ward,  may  change  his  residence 
from  this  State,  or  from  the  district,  parish,  municipality  or 
ward  in  which  he  holds  such  office,  the  same  shall  thereby  be 
vacated,  any  declarations  of  retention  of  domicile  to  the  contrary 
noth  withstanding. 

IMPEACHMENT  AND  KEMOYALS  EKOM  OFFICE. 

Art.  196.  The  Governor,  Lieutenant  Governor,  Secretary 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


51 


of  State,  Auditor,  Treasurer,  Attorney  General,  Superintendent 
of  Public  Education  and  ^the  judges  of  all  the  courts  of  record  in 
this  State  shall  be  liable  to  impeachment  for  high  crimes  and 
misdemeanor,  for  nonfeasance  or  malfeasance  in  office,  for  in- 
competency, for  corruption,  favoritism,  extortion  or  oppression 
in  office,  or  for  gross  misconduct  or  habitual  drunkenness. 

Art.  197.  The  House  of  Representatives  shall  have  the 
sole  power  ot  impeachment.  All  impeachments  shall  be  tried  by 
the  Senate ; when  sitting  for  that  purpose,  the  Senators  shall 
be  upon  oath  or  affirmation,  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  Senators  present. 
When  the  Governor  of  the  State  is  on  trial,  the  Chief  Justice  or 
the  Senior  Associate  Justice  ot  the  Supreme  Court  shall  preside. 

Judgment  in  cases  of  impeachment  shall  extend  only  to  re- 
moval from  office  and  disqualification  from  holding  any  office  of 
honor,  trust  or  profit  under  the  State,  but  the  party,  whether 
convict'^d  or  acquitted,  shall  nevertheless  be  liable  to  prosecu- 
tion, trial  and  punishment  according  to  law. 

Art  198.  All  officers  against  whom  articles  of  impeach- 
ment may  be  preferred  shall  be  suspended  from  the  exercise  of 
the  functions  of  their  office  during  the  laendency  of  such  impeach- 
ment and,  except  in  case  of  the  impeachment  of  the  Governor, 
the  appointing  jjower  shall  make  a provisional  appointment  to 
replace  any  suspended  officer  until  the  decision  of  the  impeach- 
ment. 

Art.  199.  For  any  reasonable  cause,  the  Governor  shall  re- 
move any  officer  on  the  address  of  two  thirds  of  the  members 
elected  to  euch  house  of  the  General  Assembly.  In  every  such 
case,  the  cause  or  causes  for  which  such  removal  may  be  re- 
quired shall  be  stated  at  length  in  the  address  and  inserted  in 
the  journal  of  each  house. 

Art.  209.  For  any  of  the  causes  specified  in  article  19G, 
judges  of  the  courts  of  appeal,  of  the  district  courts  throughout 
the  State,  and  of  the  city  courts  of  the  parish  of  Orleans  may  be 
removed  from  office  by  judgment  of  the  Supreme  Court  of  this 
State  in  a suit  instituted  by  the  Attorney  General  or  a district 
attorney  in  the  name  of  the  State,  on  his  relation.  The  Supreme 
Court  is  hereby  vested  with  original  jurisdiction  to  try  such 


52 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


causes  j aud  it  is  hereby  made  the  duty  of  the  Attorney  General 
or  of  any  district  attorney  to  institute  such  suit  on  the  written 
request  and  information  of  fifty  citizc^ns  and  taxpayers  residing- 
within  the  territorial  limits  of  the  district  or  circuit  over  which 
the  judge  against  whom  the  suit  is  brought  exercises  the  func- 
tions of  his  office.  Such  suits  shall  be  tried,  after  citation  and 
ten  days’  delay  for  answering,  in  preference  to  all  other  suits, 
and  wherever  the  court  may  be  sitting ; but  the  pendency  of 
such  suit  shall  not  operate  a suspension  from  office.  In  all 
cases  where  the  officer  sued;  as  above  directed,  shall  be  acquit- 
ted, judgment  shall  be  rendered  jointly  and  in  soUdo  against  the 
citizens  signing  the  request,  for  all  costs  of  the  suit. 

Art.  201.  For  any  of  the  causes  enumerated  in  article  196, 
district  attorneys,  clerks  of  courts,  sheriffs,  coroners,  recorders, 
justices  of  the  peace  and  all  other  parish,  municipal  and  ward 
officers  shall  be  removed  by  judgment  of  the  district  court  of 
the  domicile  of  such  officer  (in  ihc  parish  of  Orleans  the  Civil 
District  Court;)  and  it  shall  be  the  duty  ot  the  district  attorney, 
except  when  the  suit  is  to  be  brought  against  himself,  to  insti- 
tute suit  in  the  manner  directed  in  article  200,  on  the  written 
request  and  information  ot  twenty-five  resident  citizens  and  tax- 
payers in  the  case  of  district,  parish  or  municipal  officers,  and  of 
ten  resident  citizens  and  tsxpayers  in  the  case  of  ward  officers. 
Such  suit  shall  be  brought  against  a district  attorney  by  the  dis- 
trict attorney  of  an  ailjoining  district,  or  by  counsel  appointed 
by  the  judge  for  that  purpose.  In  all  such  cases  the  defendant, 
the  State  and  the  citizens  and  taxpayers  on  whose  information 
and  at  whose  request  such  suit  was  brought,  or  any  one  of  them, 
shall  have  the  right  to  appeal,  both  on  the  law  and  the  facts, 
from  the  judgment  of  the  court.  In  all  cases  where  the  officer 
sued,  as  above  directed,  shall  be  acquitted,  judgment  shall  be 
rendered  jointly  and  in  solido  against  the  citizens  signing  the 
request,  for  all  costs  of  the  suit. 

In  cases  against  district  attorneys,  clerks,  sheriffs  and  re- 
corders the  appeal  shall  be  to  the  Supreme  Court,  and  in  cases 
against  all  other  officers  the  appeal  shall  be  to  the  court  of  ap- 
peals of  the  proper  circuit. 

Such  appeals  shall  be  returnable  within  ten  days  to  the  ap- 


CONSTITUTION  OF  THE  STATE  OF  LOUIS  ANA. 


53 


pellate  court,  wherever  it  may  be  sitting  or  wherever  it  may  hold 
its  next  session,  and  may  be  transferred  by  order  of  the  judges 
of  said  court  to  another  parish  within  their  circuit^  and  sucli  ap- 
peals shall  be  tried  by  preference  over  all  others.  In  case  of 
the  refusal  or  neglect  of  the  district  attorney  or  Attorney  Gene- 
ral to  institute  and  prosecute  any  suit  provided  for  in  this  and 
the  preceding  article,  the  citizens  and  taxpayers  making  the  re- 
quest, or  any  one  of  them,  shall  have  tlie  right  by  mandamus  to 
compel  him  to  perform  such  duty. 

liEVENUE  AND  TAXATION. 

Art.  202.  The  taxing  power  may  be  exercised  by  the  Gen- 
eral Assembly  for  State  purposes,  and  by  parishes  and  munici- 
pal corporations,  under  authority  granted  to  them  by  the  General 
Assembly,  for  i)arish  and  municipal  purposes. 

Art.  203.  Taxation  shall  be  equal  and  uniform  throughout 
the  territorial  limits  of  the  authority  levying  the  tax,  and  all 
property  shall  be  taxed  in  proportion  to  its  value,  to  be  ascer- 
tained as  directed  by  law;  provided,  the  assessment  of  all  prop- 
erty shall  never  exceed  the  actual  cash  value  thereof;  and  pro- 
vided further,  that  the  taxpayers  shall  have  the  right  of  testing 
the  correctness  of  their  assessments  before  the  courts  of  justice. 
In  order  to  arrive  at  this  equality  and  uniformity  the  General 
Assembly  shall,  at  its  first  session  after  the  adoption  of  this  con- 
stitution, provide  a system  of  equality  ami  uniformity  in  assess- 
ments, based  upon  the  relative  value  of  i)i‘oi)erfy  in  the  different 
portions  of  the  State.  The  valuation  put  upon  property  for  the- 
purposes  of  State  taxation  shall  be  taken  as  the  proper  valua- 
tion for  purposes  of  local  taxation  in  every  sub-division  of  the 
State. 

Art.  204.  The  taxing  power  shall  be  exercised  only  to 
carry  on  and  maintain  the  government  of  the  State  and  the  pub- 
lic institutions  thereof,  to  educate  the  children  of  the  State,  to 
pay  the  principal  and  interest  of  the  public  debt,  to  suppress 
insurrection,  repeal  invasion  or  defend  the  State  in  time  of  war, 
to  supply  the  citizens  of  the  State  who  lost  a limb  or  limbs  in 
the  military  service  of  the  Confederate  States  with  substantial 


54 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


artificial  limbs  during  life,  and  for  levee  purposes,  as  herein- 
after provided. 

Art.  205.  The  power  to  tax  corporations  and  corporate 
property  shall  never  be  surrendered  nor  suspended  by  act  of  the 
General  Assembly. 

' Art.  20G.  The  General  Assembly  may  levy  a license  tax, 
and  in  such  case  shall  graduate  the  amount  of  such  tax  to  be 
collected  from  the  persons  pursuing  the  several  trades,  profes- 
sions, vocations  and  callings.  All  persons,  association  of  per- 
sons and  corporations  pursuing  any  trade,  profession,  business 
or  calling  may  be  rendered  liable  to  such  tax,  except  clerks? 
laborers,  clergymen,  school  teachers,  those  engaged  in  mechan 
ical,  agricultural,  horticultural  and  mining  pursuits,  and  manu- 
facturers other  than  those  of  distilled  alcoholic  or  malt  liquors, 
tobacco  and  cigars,  and  cotton  seed  oil.  No  political  corpora- 
tion shall  imi)ose  a greater  license  tax  than  is  imposed  by  the 
General  Assembly  lor  State  purposes. 

Art.  207.  The  following  property  shall  be  exempt  irom 
taxation,  and  no  other,  viz  : All  public  property,  places  of  relig- 
ious worship  or  burial,  all  charitable  institutions,  all  buildings 
and  property  used  exclusively  for  colleges  or  other  school  pur- 
X)Oses,  the  real  and  personal  estate  of  any  public  library  and  that 
of  any  other  literar^^  association,  used  by  or  connected  with  such 
library;  all  books  and  philosophical  apparatus,  and  all  paintings 
and  statuary  of  any  company  or  association  kept  in  a public 
hall ; provided^  the  property  so  exempted  be  not  used  or  leased 
for  purposes  of  private  or  corporate  profit  or  income.  There 
shall alsobe  exemptfrom  taxation  household  property  to  the  value 
of  five  hundred  dollars;  there  shall  also  be  exempt  from  taxa- 
tion and  license  for  a period  of  twenty  years  from  the  adoption  of 
the  constitution  of  1879,  the  capital,  machinery  and  other  property 
employed  in  the  manufacture  of  textile  fabrics,  leather,  shoes, 
harness,  saddlery,  hats,  flour,  machinery,  agricultural  imple- 
ments, manufacturer  of  ice,  fertilizers  and  chemicals, 
and  furniture  and  other  articles  of  wood,  marbleor  stone, 
soap,  stationery,  iuk  and  paper,  boat-building  and  chocolate ; 
provided^  that  not  less  than  live  bands  ai’c  employed  in  any  one- 
factory. 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


Art.  208.  The  General  Assembly  shall  levy  an  annual  poll 
tax,  for  the  maintenance  of  public  schools,  upon  every  male  in- 
habitant in  the  State  over  the  age  of  twenty-one  years,  which 
shall  never  be  less  than  one  dollar  nor  exceed  one  dollar  and  a 
half  per  capita,  and  the  General  Assembly  shall  pass  laws  to 
enforce  payment  of  said  tax. 

Art.  209.  The  State  tax  on  property  for  all  purposes  what- 
ever, including  expenses  of  government,  schools,  levees  and  in- 
terest, shall  not  exceed  in  any  one  year  six  mills  on  the  dollar  of 
its  assessed  valuation,  if  the  ordinance  regarding  the  bonded 
debt  of  the  State  is  adopted  and  ratified  by  the  people  ; and  if 
said  ordinance  is  not  adopted  and  ratified  by  the  people,  said 
State  tax  for  all  purposes  aforesaid  shall  not  e:^ceed,  in  any  one 
year,  five  mills  on  the  dollar  of  the  assessed  valuation  of  the 
property  5 and  no  parish  or  municipal  tax  for  all  purposes  what- 
soever shall  exceed  ten  mills  on  the  dollar  of  valuation  ; provi- 
ded^ that  for  the  purpose  of  erecting  and  constructing  public 
buildings,  bridges  and  works  of  public  improvement  in  parishes 
and  municipalities,  the  rates  ot  taxation  herein  limited  may  be 
increased  when  the  rate  of  such  increase  and  the  purpose  for 
which  it  is  intended  shall  have  been  submitted  to  a vote  of  the 
j)roperty  taxpayers  of  such  parish  or  municipality  entitled  to  a 
vote  under  the  election  laws  of  the  State,  and  a majority  of 
same  voting  at  such  election  shall  have  voted  therefor. 

Art.  210.  There  shall  be  no  forfeiture  of  property  for  the 
non-i>ayment  of  taxes.  State,  levee  district,  parochial  or  munici- 
pal, but  at  the  expiration  of  the  year  in  which  they  are  due  the 
collector  shall,  without  suit,  and  after  giving  notice  to  the  de- 
linquent in  the  manner  to  be  provided  by  law  (which  shall  not 
be  by  publication  except  in  case  of  unknown  owner)  advertise 
for  sale  the  property  on  which  the  taxes  are  due  in  the  manner 
provided  for  judicial  sales,  and  on  the  day  of  sale  he  shall  sell 
such  portion  of  the  property  as  the  debtor  shall  point  out,  and 
in  case  the  debtor  shall  not  point  out  sufficient  property,  the 
collector  shall  at  once  and  without  further  delay  sell  the  least 
quantity  of  property  which  any  bidder  will  buy  for  the  amount 
of  the  taxes,  interest  and  costs.  The  sale  shall  be  without  ap- 
praisement, and  the  property  sold  shall  be  redeemable  at  any 


56 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


time  tor  the  space  ot  one  year,  by  paying  the  price  given,  with 
twenty  per  cent  and  costs  added.  No  sale  of  property  for  taxes 
shall  be  annulled  for  any  informality  in  the  proceedings  until 
the  price  paid,  with  ten  per  cent  interest  be  tendered  to  the  pur- 
chaser. All  deeds  of  sale  made,  or  that  may  be  made,  by  col- 
lectors of  taxes,  shall  be  received  by  courts  in  evidence  as  prima 
facie  valid  sales. 

Art.  211.  The  tax  shall  be  designated  by  the  year  in  which 
it  is  collectable,  and  the  tax  on  movable  property  shall  be  col- 
lected in  the  year  in  which  the  assessment  is  made. 

i\RT.  212.  The  Legislature  shall  pass  no  law  postponing 
the  payment  of  taxes,  except  in  case  of  overflow,  general  con- 
flagration, geneval  destruction  of  the  crops,  or  other  public 
calamity. 

Aar.  213.  A levee  system  shall  be  maintained  in  the  State^ 
and  a tax  not  to  exceed  one  mill  may  be  levied  annually  on  all 
property  subject  to  taxation,  and  shall  be  applied  exclusively  to 
the  maintenance  and  repairs  of  levees. 

Art.  211.  The  General  Assembly  may  divide  the  State 
into  levee  districts  and  provide  for  the  appointment  or  election 
of  levee  comm  ssioners  in  said  districts,  who  shall  in  the  method 
and  manner  to  be  provided  by  law,  have  supervision  of  the  erec- 
tion, repair  and  maintenance  of  tlie  levees  in  said  districts ; to 
that  effect  the  Levee  Commissioners  may  levy  a tax  not  to  ex- 
ceed ten  mills  on  the  taxable  property  situated  within  alluvial 
portions  of  said  district  subject  to  overflow;  provided^  that  in 
case  of  necessity  to  raise  additional  funds  for  the  purpose  of 
constructing,  reserving  or  repairing  any  levees  protecting  the 
lands  of  a district,  the  rate  of  taxation  herein  limited,  may  be 
increased  when  the  rate  of  such  increase  and  the  necessity  and 
purpose  for  whicli  it  is  intended  shall  liave  been  submitted  to  a 
vote  of  the  property  taxpayers  of  such  district,  paying  taxes 
for  liimself,  or  in  any  representative  capacity,  whether  resident 
or  non-resident,  on  jiroperty  situated  within  the  alluvial  portion 
of  said  district  subject  to  overflow,  and  a majority  of  those  in 
number  and  value,  voting  at  such  election,  shall  have  voted 
h erefor. 


CONSTITUTEON  OF  THE  STATE  OF  LOUISIANA. 


57 


Art.  215.  'I  be  provisions  of  the  above  two  articles  shall 
cease  to  have  effect  whenever  the  Federal  government  shall  as- 
sume jiermanent  control  and  provide  ways  and  means  for  the 
maintenance  of  levees  in  this  State.  The  Federal  government 
is  authorized  to  make  such  geological,  topographical,  hydro- 
graphical  and  hydrometrical  surveys  and  investigations  within 
the  State  as  may  be  necessary  to  carry  into  effect  the  act  of 
Congress,  to  provide  for  the  appointment  of  a Mississippi  Kiver 
Commission  for  the  improvement  of  said  river,  from  the  head  of 
the  Passes  near  its  mouth  to  the  headwaters,  and  to  construct 
and  protect  such  public  works  and  imx)rovements  as  may  be 
ordered  by  Congress,  under  under  the  provisions  ot  said  act 

Art.  21G.  The  General  Assembly  shall  have  power,  with 
the  concurrence  of  an  adjacent  State  or  States,  to  create  levee 
districts  composed  of  territory  j^artly  in  this  State  and  partly  in 
such  adjacent  State  or  States,  and  the  levee  commissioners  for 
such  district  or  districts  shall  possess  all  the  powers  provided 
by  article  214  of  tliis  constitution. 

Art.  217.  Corporations,  companies  or  associations  organ- 
ized or  domiciled  out  of  this  State,  but  doing  business  herein, 
may  be  licensed  by  a mode  different  from  that  provided  forborne 
corporations  or  companies;  provided^  said  different  mode  of 
license  shall  be  uniform,  upon  a graduated  system,  as  to  all  such 
corporations,  companies  or  associations  that  transact  the  same 
kind  of  business. 

Art.  218.  All  the  articles  and  provisions  of  this  constitu- 
tion regulating  and  relating  to  the  collection  of  State  taxes  and 
tax  sales  shall  also  apply  to  and  regulate  the  collection  of  par- 
ish, district  and  municipal  taxes. 

HOMESTEADS  AND  OTHER  EXEMPTIONS. 

Art.  219.  There  shall  be  exemi^t  from  seizure  and  sale  by 
any  process  whatever,  except  as  herein  provided,  the  ^^home- 
steads” honafide  owned  by  the  debtor  and  occupied  by  him  con- 
sisting of  lands,  buildings  and  appurtenances,  whether  rural  or 
urbane ; of  every  head  of  a family,  or  person  having  a mother  or 
father,  a person  or  persons  dependent  on  him  or  her  for  support; 
also  one  work  horse,  one  wagon  or  cart,  one  yoke  of  oxen,  two 


58 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


COWS  and  calves,  twenty-five  head  of  bo^s,  or  one  thousand 
pounds  of  bacon  or  its  equivalent  in  pork,  whether  these  ex- 
empted objects  be  attached  to  a homestead  or  not,  and  on  a farm 
the  necessary  quantity  of  corn  and  fodder  for  the  current  year, 
and  the  necessary  farming  implements  to  the  value  of  two  thou- 
sand dollars;  provided^  that  in  case  the  homestead  exceeds  two 
thousand  dollars  in  value,  the  beneficiary  shall  be  entitled  to  that 
amount  in  case  a sale  of  the  homestead  under  any  legal  process 
realizes  more  than  that  sum. 

'N’o  husband  shall  have  the  benefit  of  a homestead  whose 
wife  owns  and  is  in  the  actual  enjoyment  of  property  or  means 
to  the  amount  of  two  thousand  dollars. 

Such  exemptions  to  be  valid,  shall  be  set  apart  and  regis- 
tered as  shall  be  provided  by  law.  The  benefit  of  this  provision 
may  be  claimed  by  the  surviving  spouse,  or  minor  child  or  chil- 
dren of  a deceased  beneficiary,  if  in  indigent  circumstances. 

Art.  220.  Laws  shall  be  passed  as  early  as  practicable^ 
for  the  setting  apart,  valuation  and  registration  of  property 
claimed  as  a homestead.  Eights  to  homesteads,  or  exemiitions 
under  laws  or  contracts,  or  for  debts  existing  at  the  time  of  the 
adopt’ou  of  this  Constitution,  shall  not  be  impaired,  repealed  or 
affected  by  any  provision  of  this  Constitution,  or  any  laws 
passed  in  pursuance  thereof.  No  court  or  ministerial  officer  of 
this  State  shall  ever  have  jurisdiction  or  authority  to  enforce  auy 
judgment,  execution  or  decree  against  the  property  set  apart  for 
a homestead,  including  such  improvements  as  may  be  made 
thereon  from  time  to  time  ; provided^  the  property  herein  declared 
to  be  exempt  shall  not  exceed  in  value  two  thousand  dollars* 
This  exemption  shall  not  apply  to  the  fo  lowing  cases,  to-wit : 

1.  For  the  purchase  price  of  said  property,  or  auy  part 
‘ thereof. 

2.  For  labor  and  material  furnished  for  building,  repairing 
or  improving  homesteads. 

8.  For  liabilities  incurred  by  ;niy  public  officer  or  fiducial  y, 
or  auy  attorney  at  law,  for  money  collected  or  received  on 
deposit. 

4.  For  lawful  claims  for  taxes  or  assessments. 

Art.  221.  The  owner  of  a homestead  shall  at  any  time  have 


CONSTITUriON  OF  THE  STATE  OF  LOUISIANA. 


59 


the  right  to  supplt^ment  his  exemption  by  adding  to  an  amount 
already  set  apart,  which  is  less  than  the  whole  amount  of  ex- 
emption herein  allowed,  sufficient  to  make  his  homestead  and  ex- 
emption equal  to  the  whole  amount  allowed  by  this  Constitution. 

Art.  222.  The  homestead  shall  not  be  susceptible  of  mort- 
gage, except  for  the  purchase  price,  labor  and  material  furnished 
for  the  building,  repairing  or  improving  homestead,  nor  shall 
any  renunciation  or  waiver  of  homestead  rights  or  exemptions 
be  valid.  The  right  to  sell  any  property  which  shall  be  recorded 
as  a homestead  shall  be  preserved,  but  no  sale  shall  destroy  or 
impair  any  rights  of  creditors  therein. 

Art.  223.  Equitable  laws  shall  be  passed  for  the  protection 
of  creditors  against  the  fraudulent  claims  of  debtors;  for  the 
punishment  of  fraud,  and  for  reaching  property  and  funds  of  the 
debtor  concealed  from  the  creditor. 

PUBLIC  EDUCATION. 

Art.  224.  There  shall  be  free  public  schools  established  by 
the  General  Assembly  throughout  the  State  for  the  education  of 
all  the  children  of  the  State  between  the  ages  of  six  and  eighteen 
years ; and  the  General  Assembly  shall  provide  for  their  estab- 
lishment, maintenance  and  support  by  taxation  or  otherwise. 
And  all  moneys  so  raised,  except  the  poll  tax,  shall  be  distrib- 
uted to  each  parish  in  proportion  to  the  number  of  children  be- 
tween the  ages  of  six  and  eighteen  years. 

Art.  225.  There  shall  be  elected,  by  the  qualified  electors 
of  the  State,  a Superintendent  of  Public  Education,  who  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his  successor 
is  qualified.  His  duties  shall  be  prescribed  by  law,  and  he  shall 
receive  an  annual  salary  of  two  thousand  dollars.  The  aggre- 
gate annual  expenses  of  his  office,  including  his  salary,  shall  not 
exceed  the  sum  of  three  thousand  dollars.  The  General  Assem- 
bly shall  provide  for  the  appointment  of  parish  boards  of  pub- 
lic education  for  the  different  parishes. 

The  parish  boards  may  appoint  a parish  superintendent  ot 
public  schools  in  their  respective  parishes,  who  shall  be  ex-officio 
secretary  of  the  parish  board,  and  whose  salary  for  his  double 


60 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


functions  shall  not  exceed  two  hundred  dollars  annually,  (except 
that  in  the  parish  of  Orleans  the  salary  of  the  parish  superin- 
tendent shall  be  fixed  by  the  General  Assembly,)  to  be  paid  out 
of  the  public  fund  accruing  to  each  parish  respectively. 

Art.  226.  The  general  exercises  in  the  public  schools  shall 
be  conducted  in  the  English  language  and  the  elementary 
branches  taught  therein ; provided,  that  these  elementary 
branches  may  be  also  taught  in  the  French  language  in  those 
parishes  in  the  State  or  localities  in  said  parishes  wheie  the 
French  language  pr<  dominates,  if  no  additional  expenses  is  in- 
curred thereby. 

Art.  227.  The  funds  derived  from  the  collection  of  the  poll 
tax  shall  be  applied  exclusively  to  the  maintenance  of  the  public 
schools  as  organized  under  this  Constitution,  and  shall  be  ap- 
plied exclusively  to  the  support  ot  the  public  schools  in  the 
parish  in  which  the  same  shall  be  collected,  and  shall  be  ac- 
counted for  and  paid  by  the  collecting  officers  directly  to  the 
competent  school  authorities  of  each  parish. 

Art.  228.  No  funds  raised  for  the  supj)ort  of  the  ])ublic 
schools  of  the  State  shall  be  appropriated  to  or  used  for  the  sup- 
port of  any  sectarian  schools. 

Art.  229.  The  school  funds  of  this  State  shall  consist' of : 

1.  The  proceeds  or  taxation  for  school  purposes,  as  provi- 
ded in  this  Constitution. 

2.  The  interest  on  the  proceeds  of  all  public  lands  hereto- 
fore granted  by  the  United  States  tor  the  use  and  support  of 
the  public  schools. 

3.  Of  lands  and  other  property  which  may  hereafter  be  be- 
queathed, granted  or  donated  to  the  State,  or  generally,  for 
school  purposes. 

4.  All  funds  or  property,  other  than  unimproved  lands, 
bequeathed  or  granted  to  the  State,  not  designated  for  other 
purposes. 

5.  The  proceeds  of  vacant  estates  lading  under  the  law  to 
the  State  of  Louisiana. 

The  Legislature  may  appropriate  to  the  same  fund  the  pro- 
ceeds, in  whole  or  in  part,  of  public  lands  not  designated  for  any 
other  purpose,  and  shall  i^rovide  that  every  parish  may  levy  a 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


G1 


tax  for  the  public  schools  therein^  which  shall  not  exceed  the 
State  tax;  provided,  that  with  such  tax  the  whole  amount  or 
parish  taxes  shall  not  exceed  the  limits  of  parish  taxation  fixed 
by  this  Constitution. 

STATE  UNiVEKSITY. 

Art.  230.  The  University  of  Louisiana,  as  at  present  es- 
tab  ished  and  located  at  New  Orleans,  is  hereby  recognized  in 
its  three  departments,  to  wit : the  law,  the  m^^dical  and  the 
academical  departments,  to  be  governed  and  controlled  by 
appropriate  faculties. 

The  General  Assembly  shall,  from  time  to  time,  make  such 
provision  for  the  proper  government,  maintenance  and  support 
of  said  State  University  of  Louisiana,  and  all  the  departments 
thereof,  as  the  public  necessities  and  well  being  of  the  people  of 
the  State  of  Louisiana  may  re(piire,  not  to  exceed  ten  thousand 
dollars  aunually. 

Tlie  Louisiana  State  University  and  Agricultural  and  Me- 
chanical College,  now  established  and  located  in  the  city  of 
Baton  Rouge,  is  hereby  recognized,  and  all  revenues  derived 
and  to  be  derived  from  the  sales  of  land,  or  land  scrip,  donated 
by  the  United  States  to  the  State  of  Louisiana  for  the  use  of  a 
seminary  of  learning,  and  mechanical  and  agricultural  college, 
shall  be  appropriated  exclusively  to  the  maintenance  and  sup- 
port of  said  University  and  Agricultural  and  Mechanical  Col- 
lege, and  the  General  Assembly  shall  from  time  to  time  make 
such  additional  appropriations  for  the  maintenance  and  support 
of  said  Louisiana  State  University  and  Agricultural  and  Me- 
chanical College  as  the  public  necessities  and  the  well  being  of 
the  people  of  the  State  of  Louisiana  may  require,  not  to  exceed 
ten  thousand  dollars  annually. 

Art.  231.  The  General  Assembly  shall  also  establish  in  the 
city  of  New  Orleans  a university  for  the  education  of  persons  of 
color;  provide  for  its  proper  government,  and  shall  make  an 
annual  appropriation  ot  not  less  than  five  thousand  dollars  nor 
more  than  ten  thousand  dollars  for  its  maintenance  and  support. 

Art.  232.  Women  over  twenty-one  years  of  age  shall 


62 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


be  eligible  to  any  office  of  control  or  management  under  the 
school  laws  of  this  State. 

FREE  SCHOOL  FUXD,  SEMINARY  FHND,  AND  AORL 

CULTURAL  AND  MECHANICAL  COLLEGE  FUND. 

Art.  233.  The  debt  due  by  the  State  to  the  Free  School 
Fund  is  hereby  declared  to  be  the  sum  of  one  million,  one  hun- 
dred and  thirty  thousand  eight  hundred  and  sixty-seven  dollars 
and  fifty-one  cents  in  principal,  and  shall  be  placed  on  the  books 
of  the  Auditor  and  Treasurer  to  the  credit  of  the  several  town- 
shi])s  entitled  to  the  same  ; the  said  principal  being  the  proceeds 
of  the  sales  of  lands  heretofore  granted  by  the  United  States  for 
the  use  and  support  of  free  public  schools,  which  amoant  shall 
be  held  by  the  State  as  a‘  loan,  and  shall  be  and  remain  a per- 
l)etual  fund,  on  which  the  State  shall  pay  an  annual  interest  of 
four  per  cent  from  the  first  day  of  January,  1880 ; and  that  said 
interest  shall  be  paid  to  the  several  townships  in  the  State  en- 
titled to  the  same,  in  accordance  with  the  act  of  Congress,  No. 
68,  approved  February  15,  1813,  and  the  bonds  of  the  State 
heretofore  issued  belonging  to  said  fund,  and  sold  under  act  of 
the  General  Assembly,  No.  81,  of  1872,  are  hereby  declared  null 
and  void,  and  the  General  Assembly  shall  make  no  provision  for 
their  x^ayment,  and  may  cause  them  to  be  destroyed. 

The  debt  due  by  the  State  to  the  Seminary  Fund  is  hereby 
declared  to  be  one  hundred  and  thirty-six  thousand  dollars, 
being  the  i)roceeds  of  the  sale  of  lands  heretofore  granted  by 
the  United  States  to  this  State  for  the  use  of  a Seminary  of 
learning,  and  said  amount  shall  be  placed  to  the  credit  of  said 
fund  on  the  books  of  the  Auditor  and  Treasurer  of  the  State  as 
a perpetual  loan,  and  the  State  shall  pay  an  annual  interest  of 
four  per  cent  on  said  amount  trom  January  1,  1880,  for  the  use 
of  said  seminary  of  learning  5 and  the  consolidated  bonds  of  the 
State  now  held  for  use  of  said  fund  shall  be  null  and  void  after 
the  first  day  of  January,  1880,  and  the  General  Assembly  shall 
never  make  any  provision  for  their  payment,  and  they  shall  be 
destroyed  in  such  mahner  as  the  General  Assembly  may  direct. 

The  debt  due  by  the  State  to  the  Agricultural  and  Mechani- 
cal College  Fund  is  hereby  declared  to  be  the  sum  of  one  him- 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


63 


drecl  aud  eiglity-two  thousand  three  hundred  and  thirteen  dol" 
lars  and  three  cents,  bemii  tlie  proceeds  of  the  sales  of  lands 
and  Laid  scri[)  heretofore  granted  by  the  United  States  to  this 
State  for  the  use  of  a college  for  the  benefit  of  agriculture  and 
the  mechanic  arts ; said  amounts  shall  be  placed  to  the  credit  of 
said  fund  on  the  books  of  the  Auditor  and  Treasurer  of  the  Siate 
as  a perpetual  loan,  and  the  State  shall  pay  an  annual  interest  of 
five  per  cent  on  said  amount  from  January  1,  1880,  for  the  use 
of  said  Agricultural  and  Mechanical  College.  The  consolidated 
bonds  of  the  State  now  held  by  the  State  for  the  use  ot  said 
fund  shall  be  null  and  void  after  the  first  day  of  January,  1880, 
aud  the  Greneral  Assembly  shall  never  make  any  provision  for 
their  payment,  and  they  shall  be  destroyed  in  such  manner  as 
the  General  Assembly  may  direct. 

The  interest  provided  for  by  this  article  shall  be  paid  out  of 
any  tax  that  may  be  levied  and  collected  for  the  general  purpo- 
ses ot  public  education. 

CORPOKATION  AND  CORPORATE  RIGHTS. 

Art.  234.  The  General  Assembly  shall  not  remit  the  for- 
feiture of  the  charter  of  any  corporation  now  existing,  nor  re- 
new, alter  or  amend  the  same,  nor  pass  any  general  or  special 
law  for  the  benefit  of  such  corporation,  except  upon  the  condi- 
tion that  such  corporation  shall  thereafter  hold  its  charter  sub- 
ject to  the  provisions  of  this  Constitution. 

Art.  235.  The  exercise  of  the  police  power  of  the  State 
shall  never  be  abridged  nor  so  construed  as  to  permit  corpora- 
tions to  conduct  their  business  in  such  manner  as  to  infringe 
the  equal  rights  of  individuals  or  the  general  well-being  of  the 
State. 

Art.  236.  Xo  foreign  corporation  shall  do  any  business  in 
this  State  without  having  one  or  more  known  places  of  business 
and  an  authorized  agent  or  agents  in  the  State  upon  whom  pro- 
cess may  be  served. 

Art.  237.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  authorized  in  its  charter  or  incidental 
thereto,  nor  shall  it  take  or  hold  any  real  estate  for  a longer 


64 


CONSTl  I UTION  OF  THE  STATE  OF  LOUISIANA. 


period  than  ten  years,  except  such  as  may  be  necessary  and 
proper  for  its  legitimate  business  or  purposes. 

Art.  238.  No  corporation  shall  issue  stock  nor  bonds,  ex- 
cept for  labor  done  or  money  or  imoperty  actually  received,  and 
all  fictitious  issues  of  stock  shall  be  void,  and  any  corporation 
issuing  such  fictitious  stock  shall  forlV  it  its  charter. 

Art.  239.  The  stock  shall  not  be  increased,  except  in  pur- 
suance of  general  laws,  nor  without  consent  of  persons  holding 
the  larger  amount  in  value  of  the  stock,  first  obtained  at  a meet- 
ing of  stockholders  to  be  held  after  thirty  days’  notice  given  in 
pursuance  of  law. 

Art.  240.  The  term  corporation,  as  used  in  this  Constitu- 
tion, shall  be  construed  to  include  all  joint  stock  companies  or 
associations  having  any  power  or  privileges  not  possessed  by 
individuals  or  partnerships. 

Art.  241.  It  shall  be  a crime,  tlie  nature  and  punishment 
of  which  shall  be  prescribed  by  law,  for  any  president,  director, 
manager,  cashier  or  other  officer  or  owner  of  any  private  or 
public  bank  or  banking  institution  to  assent  to  the  reception  of 
deposits,  or  the  creation  of  debts  by  such  banking  institution, 
alter  he  shall  have  had  knowledge  of  the  fact  that  it  is  insol- 
vent or  in  failing  circumstances  ; any  such  ofiBcer,  agent  or  man- 
ager shall  be  individually  responsible  for  such  deposits  S'>  re- 
ceived and  all  such  debts  so  created  with  his  assent. 

Art.  242.  The  General  Assembly  shall  have  pov.  er  to  enact 
general  laws  authorizing  the  i^arochial  or  municipal  authorities 
of  the  State,  under  certain  circumstances,  by  a vote  of  the  ma- 
jority of  the  property  taxpayers  in  numbers  nnd  in  valu(‘,  to 
levy  special  taxes  in  aid  of  public  improvements  or  railway  en- 
terprises; provided,  that  such  tax  shall  not  exceed  the  rate  of 
five  mills  per  annum  nor  extend  for  a longer  period  than  ten 
years. 

Art.  243.  Any  railroad  corporation  or  association  organ- 
ized for  the  purpose  shall  have  the  right  to  construct  and  operate 
a railroad  between  any  points  within  this  State,  and  connect  at 
the  State  line  with  railroads  of  other  States.  Every  railroad 
company  shall  have  the  right  with  its  road  to  intersect,  connect 
with  or  cross  any  other  railroad,  and  shall  receive  and  transport 


CONSiirUTION  OF  THE  STATE  OF  LOUISIANA. 


65 


each  the  other’s  passeogers,  tounage  and  cars,  loaded  or  empty, 
without  delay  or  discrimination. 

Art.  244.  Railways  heretofore  constructed,  or  that  may 
hereafter  be  constructed  in  this  State,  are  hereby  declared  pub- 
lic highways,  and  railroad  companies  common  carriers. 

Art.  245.  Every  railroad  or  other  corporation,  organized 
or  doing  business  in  this  State  under  the  laws  or  authority 
thereof,  shall  have  and  maintaiu  a public  office  or  place  in  this 
State  for  the  transaction  of  its  business,  where  transfers  of  stock 
shall  be  made,  and  where  shall  be  kept  for  public  inspection 
books  in  which  shall  be  recorded  the  amount  of  capital  stock 
subscribed,  the  names  of  owners  of  stock,  the  amounts  owned 
by  them  respectively,  the  amount  of  stock  paid,  and  by  whom, 
the  transfers  of  said  stock,  with  the  date  of  transfer,  the 
amount  of  its  assets  and  liabilities,  and  the  names  and  j)laces  of 
residence  of  its  officers. 

Art.  246.  It  any  railroad  company,  organized  under  the 
laws  ot  this  State,  shall  consolidate,  by  sale  or  otherwise,  with 
any  railroad  company  organized  under  the  laws  of  any  other 
State  or  of  the  United  States,  the  same  shall  not  thereby  become 
a foreign  corporation,  but  the  courts  of  this  State  shall  retain 
jurisdiction  in  all  matters  which  may  arise,  as  if  said  consolida- 
tion had  not  taken  place.  In  no  case  shall  any  consolida- 
tion take  place  except  upon  public  notice  of  at  least  sixty  days 
to  all  stockholders,  in  such  manner  as  may  be  provided  by  law. 

Art.  247.  Gieneral  laws  shall  be  enacted  providing  for  the 
creation  of  private  corporations,  and  shall  therein  provide  fully 
for  the  adequate  protection  of  the  public  and  the  individual 
stockholder. 

Art.  248.  The  i olice  juries  of  the  several  parishes  and  the 
constituted  authorities  of  all  incorporated  municipalities  of  the 
State  shall  alone  have  the  power  of  regulating  the  slaughtering 
of  cattle  and  other  live  stock  within  their  respective  limits ; pro- 
vided^ no  monopoly  or  exclusive  privilege  shall  exist  in  this 
State,  nor  such  business  be  restricted  to  the  land  or  houses  of 
any  individual  or  corporation  ; provided,  the  ordinances  desig- 
nating the  places  for  slaughtering  shall  obtain  the  concurrent 
approval  of  the  board  of  health  or  other  sanitary  organization. 


6j 


CONSTITUTION  OF  THE,  STATE  OF  LOUISIANA. 


PAEOCHIAL  AFFAIES  AND  BOUNDARIES. 

Art.  249.  The  General  Assembly  may  establish  and  organ- 
ize new  parishes,  which  shall  be  bodies  corporate,  with  such 
powers  as  may  be  prescribed  by  law ; but  no  new  parish  shall 
contain  less  than  six  hundred  and  twenty-five  square  miles,  nor 
less  than  seven  thousand  inhabitants ; nor  shall  any  parish  be 
reduced  below  that  area  or  number  of  inhabitants. 

Art.  250.  All  laws  changing  parish  lines  or  removing  i>ar- 
ish  seats  shall,  before  taking  efiect,  be  submitted  to  the  electors 
of  the  parish  or  the  parishes  to  be  efiected  thereby,  at  a special 
election  held  for  that  purpose,  and  be  adopted  by  a majority  of 
votes  ot  each  parish  cast  at  such  election. 

Art.  251.  Any  parish  may  be  dissolved  and  merged  by  the 
General  Assembly  into  a contiguous  parish  or  parishes,  two- 
thirds  of  the  qualified  electors  of  the  parish  proposed  to  be  dis- 
solved voting  in  favor  thereof,  at  an  election  held  for  that  pnr- 
pose  ; provUJed^  that  each  of  the  parishes  into  which  the  dis- 
solved parish  proposes  to  become  incorporated  consents  thereto 
by  a majority  of  its  qualified  electors  voting  therefor. 

Art.  252.  Whenever  a i^arish  shall  be  enlarged  or  created 
from  territory  contiguous  thereto,  it  shall  be  entitled  to  a just 
proportion  of  the  property  and  assets,  and  liable  for  a just  pro- 
portion of  the  existing  debts  or  liabilities  of  the  parish  or  i>ar- 
ishes  from  which  such  territory  shall  be  taken. 

THE  CITY  OF  NEW  ORLEANS. 

Art.  253.  The  citizens  of  the  city  of  New  Orleans  or  any 
political  corporation  which  may  be  created  within  its  limits 
shall  have  the  right  of  appointing  the  several  public  officers 
necessary  for  the  administration  of  the  police  of  said  city,  pur- 
suant to  the  mode  of  election  which  shall  be  provided  by  the 
General  Assembly. 

Art.  254.  The  General  Assembly,  at  its  next  session  after 
the  adoption  of  this  Constitution,  shall  enact  such  legislation  avS 
may  be  proper  to  liquidate  the  indebtedness  of  the  city  of  New 
Orleans,  and  apply  its  assets  to  the  satisfaction  thereof.  It  shall 
have  authority  to  cancel  the  charter  of  said  city;  and  remit  its 
inhabitants  to  another  form  of  government  if  necessary.  In 


CONSTITUTION  OF  THE  STATE  OF  LOUISI \NA. 


G7 


iiny  such  new  form  of  governmeut  no  salary  shall  exceed  three 
thousand  live  hundred  dollars. 

Art.  1J55.  The  General  Assembly  shall  pass  necessary  laws 
to  prevent  sailors  or  others  of  tlie  crew  of  foreign  vessels  from 
workinsf  on  the  wharfs  and  levees  of  the  city  of  New  Orleans  ; 
provided^  there  is  no  treaty  between  the  United  States  and  for- 
eign powers  to  the  contrary. 

AMENDMENT  AND  REVISION  OF  THE  CONSTITUTION. 

Art.  256.  Propositions  for  the  amendment  of  this  Consti- 
tution may  be  made  by  the  General  Assembly  at  any  session 
thereof,  and  if  two  thirds  of  all  the  members  elected  to  each 
house  shall  concur  therein,  after  such  proposed  amendments 
have  been  read  in  such  respective  houses  on  three  separate  days, 
such  proposed  amendment  or  amendments,  together  with  the 
yeas  and  nays  thereon,  shall  be  entered  on  the  Journal,  and  the 
Secretary  of  State  shall  cause  the  same  to  be  published  iu  two 
newspapers  published  in  the  parish  of  Orleans  and  in  one  paper 
in  each  other  parish  of  the  State  in  which  a newspaper  is  pub- 
lished, for  three  months  preceding  the  next  election  for  Repre- 
sentatives, at  which  time  the  said  amendment  or  amendments 
shall  be  submitted  to  the  electors  for  their  approval  or  rejection; 
and  it  a majority  voting  on  said  amendment  or  amendments 
shall  approve  and  ratify  the  same,  then  such  amendment  or 
amendments  so  approved  and  ratitied  shall  become  a part  of  the 
Constitution. 

When  more  than  one  amendment  shall  be  submitted  at  the 
same  time  they  shall  be  so  submitted  as  to  enable  the  electors  to 
vote  on  each  amendment  separately.  The  result  of  said  elec- 
tion shall  be  made  known  by  the  proclnmation  of  the  Governor. 

SCHEDULE. 

Art.  257.  The  Constitution  of  this  State,  adopted  in  1868, 
and  all  amendments  thereto,  is  declared  to  be  superseded  by 
this  Constitution,  and  in  order  to  carry  the  same  into  effect,  it  is 
hereby  declared  and  ordained  as  follows : 

Art.  258.  All  rights,  actions,  prosecutions,  claims  and  con- 
tracts, as  well  of  individuals  as  of  bodies  corporate,  and  all 


68 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


aws  in  force  at  the  time  of  the  adoption  of  this  Constitution, 
and  not  inconsistent  therewith,  shall  continue  as  if  the  said  Con- 
stituion  had  not  been  adopted.  But  the  monopoly  features  in 
the  charter  of  any  corporation  now  existing  in  the  State,  save 
such  as  may  be  contained  in  the  charters  of  railroad  companies, 
are  hereby  abolished. 

Art.  259.  In  order  that  no  inconvenience  may  result  to  the 
public  service  from  the  taking  effect  of  this  Constitution,  no 
office  shall  be  superceded  thereby,  but  the  laws  of  the  State  rel- 
ative ot  the  duties  of  the  several  officers — executive,  judicial 
and  military — shall  remain  in  full  force,  though  the  same  be 
contrary  to  this  Constitution,  and  the  several  duties  shall  be 
performed  by  the  respective  officers  of  tne  State,  according  to 
the  existing  laws,  until  the  organization  of  the  government  un- 
der this  Constitution  and  the  entering  into  office  of  the  new  offi- 
cers to  be  appointed  or  elected  under  said  government,  and  no 
longer. 

Art.  260.  Appointments  to  office  by  the  Executive  under 
this  Constitution  shall  be  made  by  the  Governor  to  be  elected 
under  its  authority. 

Art.  261.  All  causes  in  which  appeals  have  been  or  may 
be  hereafter  taken,  or  now  pending  in  the  Supreme  Court  under 
the  Constitution  of  1868,  and  of  which  jurisdiction  has  been 
vested  by  this  Constitution  in  the  courts  of  appeal,  sh^ll,  after 
the  adoption  of  tliis  Constitution,  be  transferred  for  tiial  to  the 
court  of  appeal  of  the  circuit  from  which  the  api)eal  has  been  or 
may  be  taken. 

All  other  causes  that  may  be  peuding  in  the  Supreme  Court, 
under  the  Constitution  of  1868,  shall  be  trausferred  to  the 
Supreme  Court  created  by  this  Constitution,  as  soon  as  it  shall 
be  organized. 

All  causes  that  may  be  pending  in  all  other  courts,  under 
the  Constitution  of  1868,  upon  the  adoption  of  this  Constitu- 
tion and  the  reorganization  of  the  courts  created  by  this  Consti- 
tution, shall  be  transferred  to  the  courts  respectively  having 
jurisdiction  thereof  under  this  Constitution. 

Art.  262.  Immediately  after  the  adjournment  of  this  Con- 
vention, the  Governor  shall  issue  his  proclamation,  directing  the 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


69 


several  officers  of  the  State  authorized  by  law  to  hold  elections  for 
members  of  the  General  .Yssemby,  to  open  and  hold  a poll  in 
every  parish  in  the  State,  at  the  places  designated  by  law,  upon 
the  first  Tuesday  in  the  month  of  December  next,  1879,  for  the 
purpose  of  taking  the  sense  of  the  good  people  of  this  State  in 
regard  to  the  adoption  or  rejection  of  this  Constitution  5 and  it 
shall  be  the  duty  of  said  officers  to  receive  the  votes  of  all  per- 
sons entitled  to  vote  under  the  Constitution  of  1868. 

Each  voter  shall  express  his  opinion  by  depositing  in  the 
ballot  box  a ticket,  whereon  shall  be  written  or  printed,  “For 
the  Constitution,”  or  ^^Against  the  Constitution,”  or  some  such 
words  as  will  distinctively  convey  the  intention  of  the  voter. 

It  shall  also  be  the  duty  of  the  Governor  in  his  said  procla- 
mation, to  direct  the  said  officers  authorized  by  law  to  hold  elec- 
tions, to  open  and  hold  a poll  at  the  above  stated  time  and 
places,  for  the  election  of  Governor,  Lieutenant  Governor,  mem- 
bers of  the  General  Assembly,  Secretary  of  State,  Attorney 
General,  State  Auditor,  and  Superintendent  of  Public  Educa- 
tion, and  of  all  other  officers  whose  election  by  the  people  is  pro- 
vided for  in  this  Constitution ; and  the  names  of  the  persons 
voted  for  shall  be  written  or  printed  on  the  same  ticket,  and  de- 
posited in  the  same  box  as  the  votes  ^dbr”  or  “against”  the  Con- 
stitution. 

And  the  said  election  for  the  adoption  or  rejection  of  the 
Constitution,  and  for  the  said  officers,  shall  be  conducted  and 
the  returns  thereof  made  in  conformity  ^vith  existing  laws  upon 
the  subject  of  State  elections. 

Upon  the  receipt  of  the  said  returns,  or  on  the  last  Monday 
in  December,  1879,  if  the  returns  be  not  sooner  received,  it  shall 
be  the  duty  ot  the  Governor,  the  Lieutenant  Governor,  the  Sec- 
retary of  State,  and  the  Attorney  General,  in  the  presence  of  all 
such  persons  as  may  choose  to  attend,  to  compile  the  votes  given 
at  the  said  polls  for  ratification  and  rejection  of  this  Constitu- 
tion; and  it  shall  appear  from  said  returns  that  a majority  of 
the  votes  given  on  the  tpiestion  of  adoption  and  rejection  of  the 
•Constitution  is  for  ratifying  this  Constitution,  then  it  shall  be 
the  duty  of  the  Governor  to  make  immediate  proclamation  of 


70 


C0^ST1TUTI0N  OF  THE  STATE  OF  LOUISIANA. 


that  fact,  aud  hcDcefortli  this  Constitution  shall  be  ordained  and 
established  as  the  Constitution  of  the  State  of  Louisiana,  and 
the  General  Assembly  elected  in  1878  shall  thereupon  be  dis- 
solved. Whether  this  Constitution  be  adopted  or  rejected,  it 
shall  be  tlu*  duty  of  the  Governor  to  cause  to  b<‘  ])ublished  in 
the  official  i)aper  of  the  Convention  the  result  of  the  polls, 
showing  the  number  of  votes  cast  in  each  parish  for  or  against 
the  said  Constitution. 

If  the  Constitution  be  ratified,  it  shall  be  the  duty  of  the 
Secretary  of  State  to  examine  and  compile  the  returns,  and  pub- 
lish the  result  of  the  election  of  officers  herein  ordained,  and  in 
the  manner  provided  by  existing  laws. 

Art.  2G3.  The  General  Assembly  first  elected  under  this 
Constitution  shall  convene  in  the  city  of  New  Orleans  ujion  the 
second  Mondny  in  January  next.  1880,  after  the  election,  and 
the  Governor  and  Lieutenant  Governor  elected  shall  be  duly  in- 
stalled in  office  during  the  first  week  of  the  session,  and  before 
it  shall  be  competent  for  the  said  General  Assembly  to  proceed 
with  the  transaction  ot  business  l eyond  their  own  organization. 

Art.  264.  The  State  Auditor,  Attorney  General,  Secretary 
of  State,  and  Superintendent  of  Public  Education,  elected  at 
the  first  election  herein  provided  for,  shall  enter  upon  the  dis- 
charge of  the  duties  of  their  respective  offices  on  the  second 
Monday  of  January,  1880,  after  complying  with  the  requisites  of 
existing  laws  5 and  all  other  officers  whose  election  or  appoint' 
ment  is  provided  for  by  this  Constitution  shall  enter  upon  the  dis- 
charge of  the  duties  of  their  respective  offices  on  the  first  Monday 
of  April,  eighteen  hundred  and  eighty,  after  complying  with  the 
requirements  of  existing  laws ; until  which  i)eriod,  all  officers 
under  the  Constitution  of  eighteen  hundred  and  sixty-eight  shall 
receive  the  pay  and  emoluments  provided  for  under  such  Con- 
stitution ; provided,  that  the  pay  of  the  officers  i lected  or  ap- 
pointed under  P is  Constitution  shall  not  commence  until  after 
their  induction  into  office-  The  State  Treasurer  elected  in  No- 
vember, 1878,  shall  continue  in  office  as  if  elected  at  the  election 
to  be  held  on  the  first  Tuesday  in  December,  1879;  but  the  sal- 
ary of  said  officer  shall  be  as  established  by  this  Constitution, 
from  and  after  the  second  Monday  in  January,  1880. 


COXSTlTLITIOiV  nF  THE  STATE  OF  LOUIS  ANA. 


71 


xArt.  2().7.  The  time  of  serviee  of  all  offieers  chosen  by  the 
people  at  the  first  election  under  this  Constitution  shall  termi- 
nate as  though  the  election  had  been  holden  on  the  first  Tues- 
day after  the  first  Monday  in  April,  1880. 

Art.  2GG.  The  judges  of  the  courts  of  appeal,  district 
Judges,  city  judges,  discrict  attorney,  coroner,  clerks  of  courts, 
sheriffs,  recorder  of  mortgages  and  register  of  conveyances,  all 
ot  whose  election  and  ai)pointment  are  provided  lor  by  this  Con- 
stitution, in  the  parish  of  Orleans,  shall  only  enter  on  the  dis- 
charge of  the  duties  of  their  respective  offices  on  the  first  Mon- 
day of  August,  1880,  and  the  i^resent  incumbents  shall  continue 
until  then  in  the  performance  of  the  duties  of  their  respective 
offices  and  the  enjoyment  of  the  emoluments  thereof,  as  now  pre- 
scribed by  law. 

Art.  2G7.  The  General  Assembly  is  required  to  make  pro- 
vision for  paying  J.  H.  Cosgrove,  Printer  of  the  Convent  on,  for 
the  balance  due  him  for  work  done  previous  to  adjournment, 
and  for  all  work  that  may  be  done  by  him  after  the  adjournment  ot 
the  Convention,  by  its  direction,  and  shall  make  a special  appro- 
priation to  liquidate  the  debt  which  this  Convention  has  con- 
tracted, authorizing  the  Fiscal  Agent  of  the  State  to  negotiatea 
loan  of  twenty-five  thousand  dollars ; and  also  for  the  payment 
of  such  vouchers  as  may  be  issued  by  the  chairman  of 
the  Committee  on  Contingent  Expenses,  under  the  authority  of 
this  Convention  in  excess  of  the  foregoing  appropriation,  for  the 
purpose  of  enabling  this  Convention  to  complete  its  work ; pro- 
vided^ said  vouchers  ai’e  approved  by  the  President  of  the  Con- 
vention. 

Art.  2G8.  There  shall  not  be  any  municipal  election  in  the 
cities  of  New  Orleans  and  Shreveport,  in  December,  1879.  Ihe 
General  Assembly  shall  provide  for  a municipal  election  in  the 
city  of  New  Orleans,  or  such  municipal  corporations  as  may  be 
created  within  the  territorial  limits  of  the  parish  of  Orleans 
during  the  year  1880.  The  General  Assembly  may  fix  the  time 
for  a municipal  election  in  the  city  of  Shreveport,  before  April, 
1884. 

Art.  2G9.  The  terms  of  Act  No.  43,  ot  the  regular  session  of 
1884,  adopted  at  the  session  of  the  Legislature  in  the  year  1884, 


72 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


are  hereby  ratified  and  approved ; and  all  provisions  of  the 
Constitution  ot  1879  repugnant  thereto  or  in  any  way  impairing 
the  passage  thereof,  are  hereby  repealed,  so  far  as  the  operations 
of  said  act  are  concerned. 

Art.  270.  The  General  Assembly  may  divide  the  State  into 
levee  districts  and  provide  for  the  appointment  of  election  of 
Levee  Commissioners  in  said  districts,  who  shall  in  the  method 
or  manner  to  be  provided  by  law,  have  supervision  of  the  erec- 
tion, repair  and  maintenance  of  the  levees  in  said  districts;  to 
that  effect  the  Levee  Commissioners  may  levy  a tax  not  to  ex- 
ceed ten  mills  on  the  taxable  property,  situated  within  the  allu- 
vial portions  of  said  district  subject  to  overflow  ; provided^  that, 
in  case  of  necessity,  to  raise  additional  funds  for  the  purpose  of 
constructing,  preserving  and  repairing  any  levees  protecting  the 
lands  of  the  district,  the  rate  of  taxation,  herein  limited,  may 
be  increased  when  the  rate  of  such  increase  and  the  necessity 
and  purpose  for  which  it  is  intended  shall  have  been  submitted 
to  a vote  of  the  property  taxpayers  in  such  district,  paying' 
taxes  for  himself,  or  in  any  representative  capacity,  whether  res- 
ident or  non-resident,  on  property  situated  in  the  alluvial  por- 
tion of  said  district  subject  to  overflow,  and  a majority  of  those 
in  number  and  value,  voting  at  such  election,  shall  have  voted 
therefor. 

LOUIS  A.  WILTZ, 

President  and  Delegate  from  the  Ninth  Representative  District 
of  the  Parish  of  Orleans. 

Wm.  H.  Harris,  Secretary. 


MISCELLANEOUS  ORDINANCES. 

RELIEF  OF  DELINQUENT  TAXPAYERS. 

Art.  1.  Be  it  ordained  hy  the  j>eople  of  the  State  of  Louisi- 
ana^ in  Convention  assembled^  All  interests,  penalties,  costs 
and  charges  whatever,  on  taxes  and  licenses  due  the  State,  or 
any  political  corporation  therein,  prior  to  the  first  day  of  Janu- 
ary, 1870,  and  yet  unpaid,  are  remitted;  and  all  preperty 
forfeited  to  the  State  or  any  political  corporation  on  account  of 
non-payment  of  taxes  and  licenses,  or  to  which  the  State  or  any 


CONSTITUTION  OF  THE  STATE  < F LOUISIANA. 


73 


political  corporation  now  has  a title,  shall  be  redeemable,  and 
the  title  to  the  State  or  any  political  corporation  thereto  an- 
nulled upon  the  payment  by  the  debtor,  or  any  interested  party, 
of  the  principal  of  all  taxes  and  licenses  that  may  de  due  there- 
on at  the  date  of  redemi)tion,  and  this  right  of  redemption  shall 
continue  until  tlie  1st  day  of  January,  1881.  In  the  event  the  prin- 
cipal of  said  taxes  and  licenses  is  not  ijaid  by  said  time,  the 
interest,  penalties,  costs,  fees  and  charges  hereinbefore  remitted 
shall  revive  and  attach  to  the  property  upon  which  the  taxes  and 
licenses  are  due,  and  such  property  shall  be  then  sold  in  the 
manner  to  be  provided  by  law,  and  the  t tie  of  the  purchaser 
shall  be  full  and  complete  ; provided^  that  nothing  herein  con- 
tained shall  be  construed  as  affecting  the  rights  of  third  persons 
who  may  have  purchased  property,  legally  assessed  and  sold  at 
tax  sales,  or  from  the  State  or  any  political  corporation,  after  the 
same  was  legally  forfeited  to  or  purchased  by  the  State,  or  such 
corporation  ; and  provided  further^  that  nothing  in  this  ordinance 
shall  be  taken  as  granting  any  time  for  the  payment  of  the  prin 
cipal  of  said  taxes  and  licenses  ; and  provided  further^  that  in- 
terest shall  accrue  and  be  collected  on  the  principal  of  said  de- 
linquent taxes  and  licenses  at  the  rate  of  eight  per  cent  per  an- 
num from  January  1,  1880;  and  on  all  said  taxes  and  licenses 
paid  a discount  of  ten  per  cent  per  annum  shall  be  allowed  from 
the  date  of  payment  to  January  1,  1881. 

That  all  taxes  and  licenses  due  the  State  prior  to  January 
1,  1879,  may  be  paid  as  follows  : 

1.  That  portion  of  said  taxes  and  licenses  due  the  Gfeneral 
Fund  and  all  other  funds,  except  as  hereinafter  provided,  in 
any  valid  Auditor’s  warrants  outstanding  at  the  date  of  the 
adoption  of  this  Constitution,  except  all  warrants  issued  prior  to 
the  first  of  January,  1874,  and  also  all  warrants  issued  from  the 
first  of  January,  1874,  to  the  first  of  January,  1875,  for  other 
purposes  than  for  salaries  of  constitutional  officers,  or  for  the 
support  of  charitable  institutions  for  the  year  1874. 

That,  at  the  option  of  the  holders  of  any  of  said  warrants, 
the  said  warrants  may  be  funded  in  bonds  of  4he  denomination 
of  five  dollars,  with  interest  coupons  attached  thereto,  at  the 
rate  of  three  per  cent  per  annum  interest  from  the  first  day  of 


74 


CONSTITUTION  Ob'  THE  STATE  OF  LOUISIANA. 


July,  1880.  The  said  bonds  to  be  due  and  payable  six  years 
from  the  first  day  of  January,  1880;  the  said  coupons  being  pay- 
able at  the  State  treasury  on  the  first  day  of  February  and 
August  of  each  year. 

All  moneys  received  in  the  treasury  for  all  taxes  and  licenses 
due  the  State  prior  to  the  first  day  ot  January,  1879,  except 
such  as  are  otherwise  provided  for  by  this  ordinance,  shall  be 
set  aside  to  pay  the  interest  on  said  five  dollar  bonds,  and  to 
provide  a sinking  fund  to  redeem  the  same.  The  bonds. above 
provided  and  interest  coupons  shall  also  be  receivable  f r 
amounts  due  to  the  State  tor  the  redemption  or  purchase  of 
property  which  has  been  forfeited  or  sold  to  the  State  for  delin- 
quent taxes  and  licenses  of  any  of  the  years  named  in  this  arti- 
cle. The  bonds  so  issued  shall  be  receivable  tor  the  said  taxes 
and  licenses  and  the  obligations  of  the  public  charitable  institu- 
tions of  the  State  given  for  the  purchase  of  necessary  supplies 
of  food,  clothing,  medicine  and  hire  of  employes. 

2.  That  portion  of  said  taxes  and  licenses  due  the  Interest 
Fund,  subsequent  to  January,  1874,  in  any  matured  coupons 
issued  by  the  State  since  that  date. 

3.  That  portion  of  said  tax  due  the  levee  fund  since  the 
year  eighteen  hundred  and  seventy-one  to  the  year  eighteen 
hundred  and  seventy-six,  inclusive  of  both  years,  in  any  valid 
warrants  issued  to  the  levee  company  and  indorsed  by  the  Aud- 
itor and  Treasurer  of  the  State  as  follows:  ^-Receivable  for  levee 
tax  due  from  eighteen  hundred  and  seventy-one  to  eighteen 
hundred  and  seventy-six,  inclusive;”  and  the  Auditor 
and  Treasurer  are  hereby  authorized  to  so  indorse  warrants 
issued  by  the  Levee  Company,  as  provided  above,  to  an 
amount  sufiicient  to  cover  the  balance  due  on  the  judgment 
recovered  by  said  company  in  the  case  entitled  Louisiana  Levee 
Company  vs.  the  State  of  Louisiana,  No.  71(>3,  in  the  Supreme 
C rurt  of  Louisiana. 

Be  it  further  ordained^  ete.y  That  no  Auditor’s  warrant  shall 
be  taken  as  valid  for  the  purpose  of  payment  of  taxes  and 
licenses  or  for  funding  as  hereinbefore  prescribed,  until  the  same 
shall  have  been  examined  by  the  Auditor,  Treasurer  and  Attor- 
ney General  of  the  State,  and  indorsed  by  them  as  valid.  Said 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


75 


warrants,  when  so  indorsed,  may  be  surrendered  to  said  officers, 
and  by  them  registered  and  cancelled,  and  in  lieu  thereof  said 
Auditor  and  Treasurer  shall  issue  certificates  in  sums  of  five, 
ten,  twenty  or  fifty  dollars,  as  may  be  desired  by  the  holder  of 
said  warrants,  which  shall  be  receivable  for  all  taxes  and 
licenses  due  the  State  prior  to  January  1,  1879,  except  the  taxes 
due  the  Interest  Fund  and  Levee  Fund. 

' Be  it  further  ordamed.  That  all  taxes  and  licenses  due  any 
parish  or  municipal  corporation  prior  to  January  1,  1879,  may 
be  payable  in  any  valid  warrants,  scrip  or  floating  indebtedness 
of  said  parish  or  municipal  corporation,  except  judgmenls. 

INDEBTEDNESS  OF  THE  STATE  TO  ITS  FISCAL 
AGENT. 

Be  it  ordained  by  the  people  of  the  State  of  Louisiaua  in  Con- 
vention assembled^  The  debt  due  from  the  State  to  its  Fiscal 
Agent,  being  in  amount  one  hundred  and  eighty-seven  thousand 
seventy-seven  dollars  and  twenty-four  cents  ($187,077  24),  sub- 
ject to  such  reduction  as  may  result  from  credits  arising  out  of 
taxes  due  to  the  Interest  Fund  since  Juue  30,  1879,  which  said 
debt  was  created  under  the  contract  made  between  the  Board  of 
Liquidators  and  tbe  Fiscal  Agent,  under  date  of  Iw^enty-fifth 
May,  1877,  and  under  act  No.  28,  session  of  the  Legislature  of 
1878,  is  hereby  declared  to  be  a valid  obligation  of  the  State ) 
and  the  Legislature  shall,  at  its  first  session  after  the  adoption 
of  this  Constitution,  provide  for  the  payment  of  the  same  j and 
the  Fiscal  Agent  shall,  as  a condition  precedent  to  said  pay- 
ment, surrender  and  deliver  to  the  Auditor  of  the  State  for  can- 
cellation, the  interest  coupons  which  wxre  taken  up  and  held  by 
said  Fiscal  Agent  at  the  time  of  making  the  advances  which 
created  the  said  indebtedness ; but  the  interest  to  be  allowed 
said  Fiscal  Agent  shall  be  at  the  rate  of  four  per  cent  per  an- 
num until  the  debt  is  paid. 

ORDINANCE— LOAN  BA  FISCAL  AGENT. 

APwT.  1.  Be  it  ordained  by  the  people  of  the  State  of  Louisi- 
ana in  Convention  assembled^  That  the  Fiscal  Agent  of  this  State 
shall  be  and  is  hereby  empowered  by  authority  of  this  Conven- 
tion to  negotiate  a loan  of  twenty-five  thousand  dollars  or  so 


76 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


much  thereof  as  may  be  necessary,  at  seven  per  cent  per  annum 
to  defray  the  residue  of  the  expenses  of  this  Convention  not 
provided  for  by  the  act  of  the  General  Assembly  calling  this  Con- 
vention, and  to  enable  the  Convention  to  complete  the  work  of 
framing  the  new  Constitution. 

Art.  2.  That  said  loan  shall  be  evidenced  by  certificates  of 
indebtedness,  signed  by  the  President  of  this  Convention,  and 
countersigned  by  the  Secretary  thereof,  under  seal  of  this  Con- 
vention, m sums  of  five  hundred  dollars  or  under,  bearing  seven 
per  cent  x>er  annum  interest  from  the  date  of  such  certificates 
until  paid,  and  payable  on  the  fifteenth  day  of  March,  A.  D. 
1880,  at  the  State  National  Bank  of  New  Orleans,  in  the  city  of 
New  Orleans. 

Art.  8.  The  first  General  Assembly  convened  under  this 
Constitution  shall  make  a special  appropriation  to  liquidate  the 
debt  which  this  Convention  has  contracted  or  may  contract,  as 
per  ordinance  adopted  authorizing  the  Fiscal  Agent  of  the  State 
to  negotiate  a loan  of  twenty-five  thousand  dollars  lor  the  pur- 
pose of  enabling  this  Convention  to  complete  the  work  of  fram- 
ing this  Constitution. 

STATE  DEBT. 

Article  1.  Be  it  ordained  hy  the  people  of  the  State  of 
Louisiana^  as  provided  hy  law,  That  the  State  Debt  Ordinance 
be  amended  so  as  to  read  as  follows  : That  the  interest  to  be 
paid  on  the  Consolidated  .Bonds  of  the  State  of  Louisiana,  be 
and  is  hereby  fixed  at  two  per  centum  per  annum  for  five  years, 
from  the  first  day  of  January,  one  thousand  eight  hnndred  and 
eighty  (1880),  and  four  per  centum  per  annum  thereafter,  paya' 
ble  semi-annually  ; and  there  shall  be  levied  an  annual  tax  suf- 
ficient for  the  full  payment  of  said  interest,  not  exceeding  three 
mills,  the  limit  of  State  tax  for  all  purposes  being  hereby  fixed 
at  six  mills  ; and  said  bonds  and  coupons  shall  be  duly  stamped  : 
“Interest  reduced  to  two  per  centum  per  annum  for  five  years 
from  January  1,  one  thousand  eight  hundred  and  eighty,  and 
four  x>er  centum  per  annum  thereafter.’^ 


CONSTITUnON  OF  THE  STATE  OF  LOUISIANA. 


77 


Art.  2.  That  the  holders  of  the  Consolidated  Bonds  may, 
at  any  time,  in  order  that  the  coupons  may  be  paid,  present  their 
bonds  to  the  Treasurer  of  the  State,  or  to  agents  to  be  ap- 
pointed by  the  Governor,  one  in  the  city  of  New  York,  and  the 
other  in  the  city  of  London,  England,  and  the  said  Treasurer  or 
agents,  as  the  case  may  be,  shall  indorse  or  stamp  thereon  the 
Avords:  “Interest  reduced  to  two  per  centum  per  annum  for  five 
years  from  January  1,  one  thousand  eight  hundred  and  eighty 
(1880),  and  four  per  centum  per  annum  thereafter;”  and  said 
Treasurer  or  agent  shall  indorse  or  stamp  on  said  coupons  the 
tollowmg  words  : “Interest  reduced  to  two  per  cent  per  annum 
or  “interest  reduced  to  four  per  centum  per  annum,”  as  the  case 
may  be. 

Art.  3.  Be  it  further  ordained.,  That  the  coupons  of  said 
consolidated  bonds  falling  due  the  first  of  January,  1880,  be  and 
the  same  is  hereby  remitted,  and  any  interest  taxes  collected  to 
meet  said  coupons  are  hereby  transferred  to  defray  the  expenses 
of  the  State  government. 

Be  it  further  ordained^  and  it  is  hereby  ordained  by  this  Con- 
stitutional Convention.,  That  the  foregoing  provisions  and  arti- 
cles relatiA^e  to  the  consolidated  debt  shall  not  form  a part  of 
this  Constitution,  except  as  hereinafter  provided,  as  follows  : 

At  the  election  held  for  the  ratification  or  rejection  of  this 
Constitution,  it  shall  be  lawful  tor  each  voter  to  have  written  or 
printed  oil  his  ballot  the  words,  “For  ordinance  relative  to  State 
debt,”  or  the  words,  “Against  ordinance  relative  to  State  debt,” 
aud  in  the  event  that  a majority  of  the  ballots  so  cast  have  in- 
dorsed on  them  the  words,  “For  ordinance  relative  to  State 
debt,”  then  the  said  foregoing  i^rovisions  and  articles  of  this  or 
dinance  shall  form  a part  of  the  Constitution  submitted,  if  the 
same  is  ratified ; and  if  a majority  of  the  votes  so  cast  shall 
have  indorsed  on  them  the  words,  “Against  ordinance  relative 
to  State  debt,”  then  said  provisions  and  articles  shall  form  no 
part  of  this  Constitution. 

LOUIS  A.  WILTZ, 

President  and  Delegate  from  the  Ninth  Eepresentative  District 
of  the  Parish  of  Orleans. 

Wm.  H.  Harris,  Secretary. 


78 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


OIT^  DEBT  OEDINANCE. 

Troposing:  au  amendment  to  the  Constitution  providing  for  the 
funding  of  the  bonded  debt  of  the  city  of  New  Orleans,  other 
than  Premium  Bonds,  into  four  per  cent  bonds;  providing  a 
special  tax  of  one  per  cent  to  pay  the  bonded  debt  of  the  city, 
and  exempting  the  sa  d four  per  cent  bonds  from  taxation,  and 
further  authorizing  the  said  city  to  assume  and  pay  such  un- 
paid claims  of  the  Board  of  School  Directors  of  said  city  and 
parish  which  it  may  find  to  be  equitably  due  by  said  board. 

Section  1.  Be  it  resolved  by  the  Senate  and  House  of 
Eepresentatives  of  the  State  of  Louisiana,  two-thirds  of  ail  the 
members  elected  to  each  house  concurring.  That  the  following 
amendments  to  the  Constitution  of  the  Stg^te  be  submitted  to 
the  electors  of  the  State  at  the  next  election  for  Eexiresentatives 
for  the  General  Assembly  in  the  year  1892,  for  the  purpose  of 
retiring  the  now  existing  valid  outstanding  bonds  of  the  city  of 
New  Orleans,  including  the  bond  certificates  or  bonds  issued 
under  the  act  of  the  Legislature  No.  58  of  1882  and  to  retire 
judgments  now  or  hereafter  rendered  against  the  city  on  float- 
ing debt  claims  prior  to  1879,  entitled  to  be  funded  under  act 
No.  67  of  1884,  the  said  city  of  >'ew  Orleans  is  hereby  author- 
ized and  directed,  on  and  after  the  adoption  of  this  amendment, 
to  issue  through  the  Board  of  Liquidation  of  the  City  Debt, 
bonds  to  be  known  as  the  Constitutional  Bonds  of  the  city  of 
New  Orleans,  not  exceeding  ten  mill  ons  of  dollars,  at  fifty  years, 
bearing  four  per  cent  jier  annum  interest  to  bear  date  and  be  iu 
the  form  prescribed  by  the  Legislature.  The  said  bonds  shall 
be  applied  by  the  said  board  to  the  retirement  of  said  outstand- 
ing bonds  and  judgments,  by  the  sale  of  said  Constitutional 
Bonds,  and  application  of  the  i)roceeds  of  sale  by  the  Board  of 
Liquidation,  to  pay  or  purchase  said  outstanding  bonds  and 
judgments,  or  by  exchanging  the  said  Constitutional  Bonds  for 
bonds,  on  the  terms  and  in  the  mode  prescribed  l>y  the  Legisla- 
ture. For  the  payment  of  the  interest  and  princijial  at  matu- 
rity, of  said  Constitutional  Bonds,  and  other  outstanding  bonds 
not  retired  under  this  amendment,  and  for  the  payment  of  the 
annual  allotments  and  premiums  of  the  Premium  Bonds  of  said 
city,  the  said  city  is  hereby  authorized  and  directed  to  levy  an- 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


79 


nually,  and  until  the  lull  j)ayinent  of  said  bonds,  a special  tax 
of  one  per  cent  on  all  the  real  and  personal  property  of  the  city, 
said  tax  to  be  part  of,  and  not  in  addition  to  the  tax  of  twenty 
mills  and  two-tenths  of  a mill  on  the  dollar  of  valuation  now 
levied  for  all  purposes  by  the  city  of  New  Orleans,  and  the  said 
tax  shall  be  paid  over  as  collected  to,  and  be  applied  by  the 
Board  of  Liquidation,  to  the  payment  of  the  interest  and  prin- 
cipal at  maturity  of  said  Constitutional  Bonds,  and  outstanding 
bonds  not  i:etired,  and  to  the  payment  of  the  allotments  of  Pre- 
mium Bonds  and  premiums  extant,  in  the  hands  of  holders. 

Said  tax  is  hereby  declared  to  be  the  contract  right  of  the 
holders  of  all  said  bonds ) and  the  exemption  of  said  Constitu- 
tional Bonds  from  all  taxation  by  the  city  of  New  Orleans  and 
State  of  Louisiana  is  hereby  recognized  and  declared,  and  after 
payment  of  all  the  annual  interest  on  said  Constitutional  Bonds 
and  bonds  not  retired  and  the  payment  of  the  said  annual  allot- 
ments of  Premium  Bonds  and  premiums  extant  in  the  hands  of 
holders,  and  after  making  provisions  for  a sinking  fund,  at  such 
time  and  of  such  an  amount  as  the  Legislature  prescribes,  the 
surplus  of  said  one  per  cent  shall  be  disposed  of  as  prescribed 
by  the  Legislature.  ^ 

The  act  passed  at  the  present  session  No.  3G,  entitled  “An 
act  to  carry  into  effect  the  Constitutional  amendment  passed  at 
the  present  session  relative  to  the  bond  debt  of  the  city  of  New 
Orleans,”  etc.,  be  and  is  hereby  approved  and  confirmed  in  all 
its  parts  as  a contract  between  the  city  of  New  Orleans  and  the 
holders  of  said  Constitutional  Bonds,  Premium  Bonds  and  of 
the  bonds  outstanding  not  retired  as  aforesaid. 

Section  2.  Be  it  further  resolved,  etc..  That  the  city  oi 
New  Orleans  be  and  is  hereby  authorized  and  empowered  to  ex- 
amine into  and  assume  the  payment  of  the  claims  or  obligations 
of  the  Board  of  School  Directors  for  the  city  and  parish  of  Or- 
leans due  for  the  years  1880,  1881,  3882,  1883  and  1884,  now  in 
the  hands  of  original  owners,  who  have  in  no  wise  parted  with 
their  right  of  ownership  or  pledged  the  same,  as  may  be  found 
to  be  equitably  due  by  said  board  for  services  rendered,  labor 
performed  or  materials  furnished  by  authority  of  said  board. 


80 


CONSTITUTION  OF  THE  STATE  OF  LOUISIANA. 


Section  3.  Be  it  further  resolved,  That  all  electors  votiug 
at  said  election  for  said  amendment  shall  place  upon  their  bal“ 
lots  the  words,  For  the  city  of  'N’ew  Orleans  debt  amendment,” 
and  all  electors  voting  at  said  election  against  said  amendment 
nhall  place  on  their  ballots  the  words,  ‘^Against  the  city  of  New 
Orleans  debt  amendment.” 


T' 


9? 


